Privacy & Terms

Terms Of Use | Mobile Terms of Use | Broker/Agent Product Terms | Privacy Policy

Terms Of Use

  1. Applicability of these Terms and Conditions: These are the terms and conditions (“Terms and Conditions”) applicable to all Smarter Agent applications and websites (each referred to as an “Application”), and professional services (“Professional Services”) purchased or licensed under an “Order Form” executed (either in writing or online) with Smarter Agent that incorporate these terms and conditions by reference. These Terms and Conditions, together with each Order Form, are collectively referred to as the “Agreement”. These Terms and Conditions are equally applicable and enforceable as if fully stated with each Order Form in the same document. The Agreement provides the company, broker or agent (a “Customer”) with the right to use an Application and/or obtain Professional Services and is expressly conditioned and subject to Customer’s acceptance of these Terms and Conditions. Customer may execute multiple Order Forms with Smarter Agent, and each such Order Form shall also become part of the Agreement which incorporates these Terms and Conditions.
  2. Application Users: Smarter Agent will provide one or more methodologies for Customer and other end users to obtain access to and become users of the Application(s) (“Users”). The Applications provide Users with the ability to search and retrieve real estate listing and other related data from their mobile devices in Customer’s market. All calls made by Users of the Applications will go directly to Customer with no referral fees. Customer’s brand may be featured in the Applications, which would also include display of the “powered by Smarter Agent” tagline, all in accordance with Smarter Agent’s branding standards that it makes available to Customer from time to time. Users may also be required to accept Smarter Agent’s Terms of Use, Mobile Terms of Use and Privacy Policy located at the Smarter Agent website.
  3. Fees and Term: The “Fees” for such use of the Application are set forth in the Order Form and are payable without set-off, deduction or counterclaim. The “Term” of this Agreement shall commence on the date of the completed Order Form and shall continue for one year and thereafter shall automatically renew for successive one-year periods, except for those individuals that purchase a single agent Branded App version of an Application and that select a month to month Term on the initial Order Form. Either party may terminate the Agreement by providing 30 days advance written notice to the other party. Customer agrees to pay all charges due through the end of the 30 day cancellation notice period. Set-up, implementation and other development fees in all instances are not refundable. Notwithstanding the foregoing notice period, Smarter Agent may terminate this Agreement and disable use of the Application if the Customer breaches any term of this Agreement and fails to cure such breach within 10 business days after notice from Smarter Agent.
  4. Payment Terms: Customer shall make all payments due under this Agreement via credit card in advance of services being provided. Customer has provided Smarter Agent with complete and valid credit card information to enable prompt and full payment of the Fees and shall promptly notify Smarter Agent should the credit card become invalid. Customer is responsible for any sales, use, value-added and other similar taxes. Smarter Agent may charge interest on all unpaid amounts due at a rate equal to 1.5% per month or the highest rate permitted by applicable law, whichever is lower.
  5. Listings: If applicable in the Agreement, Customer and Smarter Agent will jointly apply for approval to receive data feeds from all Multiple Listing Services (MLS) where Customer is a member for purposes of providing the services. If at any time Smarter Agent is notified by an MLS that Customer is no longer a member of that MLS, Smarter Agent may terminate the services until such time as the Customer is once again authorized to receive data from the MLS.
  6. Advertising and Marketing: Smarter Agent may, in its sole discretion, place advertisements in the Application and Customer shall not be entitled to any compensation or revenue sharing from any such advertising except and to the extent expressly set forth in an Order Form. Customer shall market the Application in Customer’s trade area to make consumers aware of the Application, that it is available for download on the Customer’s website and where appropriate in the Customer’s media advertising.
  7. Use of Marks: Smarter Agent hereby grants to Customer a limited license to the trademarks owned by Smarter Agent (“Smarter Agent Marks”) solely to identify Customer as having a business relationship with Smarter Agent. Customer shall use its reasonable commercial efforts to comply in all material respects with the marketing guidelines Smarter Agent publishes from time-to-time. Customer hereby grants to Smarter Agent a limited license to use the trademarks owned by Customer (the “Customer Marks”) solely to provide the Application and to identify Smarter Agent as having a business relationship with Customer. Should either party notify the other in writing that their use of such party’s Marks does not conform to their trademark usage guidelines, such party shall immediately cease such nonconforming use and shall bring such use into conformance with said trademark usage guidelines and provide specimens of such conforming use within 20 days of receipt of notice of non-compliance. Each party understands and agrees that its use of the other party’s Marks as authorized hereunder does not create any right, title or interest in or to such Marks and that all such use and any goodwill associated with such Marks will inure solely to the benefit of the other party.
  8. Ownership: As between Smarter Agent and Customer and any User, the Application and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of Smarter Agent or its licensors. The performance of Professional Services shall not alter the provisions of the forgoing sentence, and no such Professional Services shall be performed on a “work-made-for-hire” or similar basis that would provide ownership to Customer.
  9. Hosting & Maintenance: Smarter Agent hosts the data and software for the Application. Smarter Agent is not responsible for any outages or service interruptions that occur from time-to-time when using the Applications, including those due to software, hardware or power failures, or issues at the wireless carrier level. In addition, Smarter Agent is not responsible for the products and services provided by others, including any User’s mobile handsets or wireless data networks. Smarter Agent, in its sole discretion, reserves the right to add or remove operating systems based on commercial factors it deems relevant such as use, adoption and appeal of the operating system.
  10. Adherence to Real Estate Laws: Each party will be responsible for ensuring their conformance to the appropriate MLS, state, local or Federal laws relating to the sale of real estate and for alerting the other to any business practice that must be instituted to meet any law or regulation.
  11. Mutual Representations: Each of Smarter Agent and Customer hereby represents and warrants to the other that (i) it has the requisite right, power, and authority to enter into this Agreement and to perform its obligations hereunder, (ii) it knows of no law or regulation that would prohibit it from entering into and performing this Agreement, or that would conflict with this Agreement, and (iii) this Agreement has been executed by its duly authorized representative.
  12. Disclaimer of Warranties: THE APPLICATION IS PROVIDED TO CUSTOMER AND ALL OTHERS ON AN “AS IS,” “WITH ALL FAULTS” BASIS. NO PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SMARTER AGENT SERVICE OR ANY OTHER MATTER COVERED BY THIS AGREEMENT. ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ACCURACY, FREEDOM FROM INTERFERENCE WITH ENJOYMENT, OR FITNESS OF RESULTING WORK PRODUCT, ARE HEREBY DISCLAIMED.
  13. Limitation of Liability: NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS OR LOSS OF GOODWILL) SUFFERED OR INCURRED IN CONNECTION WITH THE EXERCISE OF ANY RIGHTS OR LICENSES GRANTED HEREUNDER, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS IMPOSED HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
  14. Confidentiality: All Information about the pricing and other economic terms of this Agreement (collectively, “Information”) provided by one party to the other pursuant to this Agreement shall be regarded as confidential and proprietary. Information shall not be (1) used for any purpose other than as contemplated in this Agreement or (2) disclosed in any manner to any third party, without the prior written consent of the party disclosing the Confidential Information.
  15. Governing Law and Venue: This Agreement shall be governed by, and construed in accordance with the laws of the State of New Jersey, without regard to any conflict of law principles. The state courts located in Camden County, New Jersey and federal courts located in Camden, New Jersey shall have exclusive jurisdiction to adjudicate any dispute arising out of our relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts and waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
  16. Force Majeure: Except for payments due under this Agreement, neither party shall be responsible for any failure to perform its obligations hereunder to the extent such failure is due to causes beyond its reasonable control (each a “Force Majeure”), including, without limitation, acts of God, terrorism, war, riot, embargoes, acts of civil or military authorities, denial of or delays in processing of export license applications, fire, floods, earthquakes, accidents, strikes, or fuel crises, provided that such party gives prompt written notice thereof to the other party. The time for performance shall be extended for a period equal to the duration of the Force Majeure.
  17. Severability, Enforcement: If any provision of this Agreement is held by a tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extent permitted by law (i) the same shall not affect the other provisions of this Agreement, (ii) such provision shall be deemed modified to the extent necessary in the tribunal’s opinion to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent the intent of the parties as set forth herein, and (iii) such finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction. Notwithstanding the foregoing, the disclaimers of warranties and the limitations of liability in Sections 9 and 10 are considered by the parties to be integral to this Agreement and shall not be modified or severed from this Agreement.
  18. Notice: Except as otherwise expressly provided herein, any notice, request, consent, demand or other communication required or permitted to be given by this Agreement must be in writing and must be personally served, commercial courier service or prepaid registered or certified mail to the address of the party set forth in the Agreement, and with respect to Smarter Agent, specifically addressed to Legal Department.
  19. Other Terms: This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other prior or contemporaneous communications between the parties. Except as expressly set forth herein, this Agreement may not be amended, modified, or supplemented except under the execution and delivery of a written agreement executed by the parties hereto. No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. This Agreement may not be assigned by Customer without the prior written consent of Smarter Agent and any such purported assignment shall be null and void; provided, however, that Customer may assign this Agreement to an affiliate or in connection with a consolidation, merger, or sale of substantially all of its assets to which this Agreement relates, without the consent of Smarter Agent. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Each party is an independent contractor. Nothing herein shall be construed as creating any agency, partnership, or other form of joint enterprise between Smarter Agent and Customer. Neither party shall disclose any of the terms, conditions, or provisions of this Agreement without the prior written consent of the other party. The section and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

Mobile Terms of Use

Important: These are the mobile terms of use (“Terms”) for the “Homes for Sale”, “Apartments for Rent”, and “Recently Sold Homes” (collectively, the Applications) owned and/or operated by Smarter Agent, LLC (“Smarter Agent”). It is important that you read and accept these Terms prior to accessing, downloading or otherwise using an Application and the related software, data or technology used, stored, licensed or accessed with an Application and the related intellectual property embodied therein. Your use of an Application indicates that you accept these Terms.

  1. General. The Applications are owned and/or operated by Smarter Agent and are intended for personal use. Any commercial use of the Services is limited to transactions done on your behalf, or by Real Estate Brokers or Agents or other third parties that have separately licensed use of the Services from Smarter Agent under a written license agreement.
  2. Modification. Smarter Agent may revise these Terms at any time, with or without notice to you. You should visit this page from time to time to review the then current Terms for an Application.
  3. Real Estate Data. You agree that (1) access to an Application is subject to all Multiple Listing Service (“MLS”), National Association of REALTORS® (“NAR”), and State and Federal regulations governing real estate transactions; (2) you have a bona fide interest in the purchase, sale, or lease of real estate of the type being accessed through an Application; (3) you will not copy, redistribute or retransmit any of the data or information provided by Smarter Agent; and (4) you acknowledges the MLS’s ownership of and the validity of the copyright in the MLS database.
  4. Disclaimer. Information available through an Application is deemed to be reliable but not guaranteed. All real estate listings are marked with the logo of the MLS providing the listing and detailed information about each listing includes the listing broker/agent name as required by the local MLS. The listing broker has attempted to offer accurate data, but buyers are advised to confirm all items. Some properties which appear for sale within an Application may no longer be available because they are under contract, have sold or are no longer being offered for sale. The listings of some real estate firms do not appear within an Application. Some properties listed with firms contributing listings to an Application do not appear at the request of the seller.
  5. Scheduling an Appointment; Getting More Information. Smarter Agent records each “For Sale Property” viewed by you using an Application. Whenever you select “Call To See” to schedule an appointment to view a property, you are providing Smarter Agent with the express permission to share the related For Sale Property with real estate brokers/agents even if your call is not completed. Specific question about a property can only be answered by a licensed real estate agent.
  6. Copyright and Trademark Notices. All contents of an Application are copyright protected by Smarter Agent. All rights reserved. “Real Estate Anytime Anywhere,” “Real Estate On The Fly” and “Real Estate That Finds You” are also registered Trademarks of Smarter Agent. Other product and company names mentioned herein, including the names of real estate professionals, may be the trademark of their respective owners.
  7. Patents. Smarter Agent holds four United States patents and other pending patents that govern the use of wireless location-detection (such as GPS and timing-triangulation, WiFi hotspot detection, etc.) to provide descriptive real estate information about a property or landmark to wireless devices such as a mobile phone or PDA. 6,385,541 | 6,496,776 | 7,072,665 | 7,457,628

Privacy Policy and General Terms of Use. Smarter Agent’s privacy policy and general terms of use for the Smarter Agent web site are incorporated herein by reference as if fully stated herein. Each may be obtained through the following links: Privacy Policy and Terms of Use. Do not use an Application until you have carefully reviewed each such policy. Your use of an Application is deemed acceptance of these policies.


Broker/Agent Product Terms

  • Applicability of these Terms and Conditions. These are the terms and conditions applicable to all Smarter Agent agreements (each an “Agreement”) relating to the license of the Smarter Agent “Homes for Sale” application (the “Application”) and that expressly incorporate these terms and conditions by reference. These terms and conditions are equally applicable and enforceable as if fully stated in the written document. The license provided by Broker/Agent to uses the Application is expressly conditioned and subject to Broker/Agent’s acceptance of these terms and conditions.
  • Application Defined. Smarter Agent will provide Broker/Agent with a link for its website that allows visitors to the Broker/Agent website to download the Application and become users of the Application (“Users”). The Application will provide Users with the ability on their mobile devices to search and retrieve the IDX in Broker/Agent’s market. In addition, all calls made by Users of the Application will go directly to Broker/Agent with no lead fees. Broker/Agent’s brand will be featured prominently in the Application, which includes display of the “powered by Smarter Agent” tagline, all in accordance with Smarter Agent’s branding standards that it makes available to Broker/Agent from time to time.
  • Fees and Terms: The “Fees” for such use of the Application are set forth and are payable via credit card without set-off, deduction or counterclaim. Agent/Broker/Company has provided Smarter Agent with complete and proper credit card information for a valid credit card to enable prompt and full payment of the Fees and shall promptly notify Smarter Agent should this credit card become invalid or insufficient for prompt and full payment of the Fees. The “Term” of this Agreement shall commence on the date of online authorization and signup and shall continue for one year and thereafter shall automatically renew for successive one-year periods. Either party may terminate the Term by providing advance written notice to the other party as follows: (i) Month to Month Agreement: a minimum commitment of two months of Service Fees are required if Agent/Broker/Company elects a month to month commitment. 30 days written notice must be provided, and termination shall be effective on the last day of the next full month (e.g. April 1 if notice is given on March 1); (ii) Annual Agreement with Monthly Payment Option: 90 days advance notice if Agent/Broker/Company has selected a annual monthly payment option with termination effective on the last day of the full month ending on or after the 90th day after notice has been received (e.g. April 30 if notice is given on January 10); (iii) Annual Year in Full: 30 days advance notice if Agent/Broker/Company has selected an annual year in full payment option with termination effective on the last day of the next full month as applicable (e.g. April 30 if notice is given on March 10). An early termination fee of $99 will be charged, which we will either (a) deduct from our refund of prepaid fees relating to the period after termination has become effective or (b) charge your credit card if your refundable fees are less than this fee; and (iv) Set-up: Set-up/development fees in all instances are not refundable. Notwithstanding the foregoing notice periods, Smarter Agent may terminate this Agreement and disable use of the Application if the Agent/Broker/Company breaches any term of this Agreement and fails to cure such breach within 10 business days after notice from Smarter Agent.
  • Listings: Broker/Agent will submit to Smarter Agent a list of each Multiple Listing Service that Broker/Agent belongs to and where Smarter Agent (as the vendor) and the Broker/Agent will make application to receive data feeds.
  • Advertising and Marketing: Smarter Agent may, in its sole discretion, place advertisements in the Application and Broker/Company shall not be entitled to any compensation or revenue sharing from any such advertising. Broker/Company shall market the Application in Broker’s/Agent’s trade area to make consumers aware of this unique tool on the Agent’s website and where appropriate in the Broker’s/Agent’s media advertising.
  • Use of Marks: Smarter Agent hereby grants to Broker/Agent a limited license to the trademarks owned by Smarter Agent (“Smarter Agent Marks”) solely to identify Broker/Agent as having a business relationship with Smarter Agent. Broker/Agent shall use its reasonable commercial efforts to comply in all material respects with the marketing guidelines Smarter Agent publishes from time-to-time relating to its third-party business such as the Broker. Broker/Agent hereby grants to Smarter Agent a limited license to use the trademarks owned by Broker/Agent (the “Broker/Agent Marks”) solely to provide the Application and to identify Smarter Agent as having a business relationship with Broker. Should either party notify the other in writing that their use of such party’s Marks does not conform to their trademark usage guidelines, such party shall immediately cease such nonconforming use and shall bring such use into conformance with said trademark usage guidelines and provide specimens of such conforming use within 20 days of receipt of notice of non-compliance. Each party understands and agrees that its use of the other party’s Marks as authorized hereunder does not create any right, title or interest in or to such Marks and that all such use and any goodwill associated with such Marks will inure solely to the benefit of the other party.
  • Ownership; Hosting & Maintenance:. As between Smarter Agent and Broker/Agent, the Application and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of Smarter Agent or its licensors. Smarter Agent hosts the data and software for the Application and from time to time Smarter Agent may experience outages due to software, hardware or power failures, or issues at the wireless carrier level. Smarter Agent is not responsible for the products and services provided by others, including any User’s mobile handsets or wireless data networks.
  • Adherence to Real Estate Laws: Each party will be responsible for ensuring their conformance to the appropriate MLS, state, local or Federal laws relating to the sale of real estate and for alerting the other to any business practice that must be instituted to meet any law or regulation.
  • Mutual Representations: Each of Smarter Agent and Broker/Agent hereby represents and warrants to the other that (i) it has the requisite right, power, and authority to enter into this Agreement and to perform its obligations hereunder, (ii) it knows of no law or regulation that would prohibit it from entering into and performing this Agreement, or that would conflict with this Agreement, and (iii) this Agreement has been executed by its duly authorized representative.
  • Disclaimer of Warranties. The Application is provided to Broker/Agent and all others on an “as is,” “with all faults” basis. No party makes any representations or warranties, express or implied, with respect to the Smarter Agent Service or any other matter covered by this Agreement. All other warranties, including, without limitation, the implied warranties of title, merchantability, fitness for a particular purpose, as well as any warranties, express or implied, relating to accuracy, freedom from interference with enjoyment, or fitness of resulting work product, are hereby disclaimed.
  • Limitation of Liability. Neither party shall be liable to the other party for any consequential, special, indirect, incidental, punitive, or exemplary damages (including, without limitation, lost profits, lost savings or loss of goodwill) suffered or incurred in connection with the exercise of any rights or licenses granted hereunder, or the performance or non-performance of any obligations imposed hereunder, even if such party has been advised of the possibility of such damages
  • Confidentiality. All Information about the pricing and other economic terms of this Agreement (collectively, “Information”) provided by one party to the other pursuant to this Agreement shall be regarded as confidential and proprietary. Information shall not be (1) used for any purpose other than as contemplated in this Agreement or (2) disclosed in any manner to any third party, without the prior written consent of the party disclosing the Confidential Information.
  • Governing Law and Venue. This Agreement shall be governed by, and construed in accordance with the laws of the State of New Jersey, without regard to any conflict of law principles. The state courts located in Camden County, New Jersey and federal courts located in Camden, New Jersey shall have exclusive jurisdiction to adjudicate any dispute arising out of our relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts and waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
  • Force Majeure. Except for payments due under this Agreement, neither party shall be responsible for any failure to perform its obligations hereunder to the extent such failure is due to causes beyond its reasonable control (each a “Force Majeure”), including, without limitation, acts of God, terrorism, war, riot, embargoes, acts of civil or military authorities, denial of or delays in processing of export license applications, fire, floods, earthquakes, accidents, strikes, or fuel crises, provided that such party gives prompt written notice thereof to the other party. The time for performance shall be extended for a period equal to the duration of the Force Majeure.
  • Severability; Enforcement. If any provision of this Agreement is held by a tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extent permitted by law (i) the same shall not effect the other provisions of this Agreement, (ii) such provision shall be deemed modified to the extent necessary in the tribunal’s opinion to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent the intent of the parties as set forth herein, and (iii) such finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction. Notwithstanding the foregoing, the disclaimers of warranties and the limitations of liability in Sections 9 and 10 are considered by the parties to be integral to this Agreement and shall not be modified or severed from this Agreement.
  • Notice. Except as otherwise expressly provided herein, any notice, request, consent, demand or other communication required or permitted to be given by this Agreement must be in writing and must be personally served, commercial courier service or prepaid registered or certified mail to the address of the party set forth in the Agreement, and with respect to Smarter Agent, specifically addressed to Legal Department.
  • Other terms. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other prior or contemporaneous communications between the parties. Except as expressly set forth herein, this Agreement may not be amended, modified, or supplemented except under the execution and delivery of a written agreement executed by the parties hereto. No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. This Agreement may not be assigned by Broker/Agent without the prior written consent of Smarter Agent and any such purported assignment shall be null and void; provided, however, that Broker/Agent may assign this Agreement to an affiliate or in connection with a consolidation, merger, or sale of substantially all of its assets to which this Agreement relates, without the consent of Smarter Agent. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Each party is an independent contractor. Nothing herein shall be construed as creating any agency, partnership, or other form of joint enterprise between Smarter Agent and Broker. Neither party shall disclose any of the terms, conditions, or provisions of this Agreement without the prior written consent of the other party. The section and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

Privacy Policy

This is the privacy policy (“Privacy Policy”) for the “Homes for Sale”, “Apartments for Rent”, and “Recently Sold Homes” (collectively, the Applications), and the websites (collectively, “Websites”), in each case that are owned and/or operated by Smarter Agent, LLC (“Smarter Agent”). The Applications and Websites are sometimes collectively referred to in this Privacy Policy as the “Services”.

Application of Policy. Smarter Agent will comply with this Privacy Policy and applicable U.S. privacy laws in providing the Services. It is important that you read this Privacy Policy prior to accessing, downloading or otherwise using the Services and the related software, data or technology used, stored, licensed or accessed with the Services and the related intellectual property embodied therein. Do not use the Services if you do not accept this Privacy Policy. This means that you should promptly cease accessing or otherwise using the Services and exit this page before downloading, accessing, using, subscribing or installing any Services. Use of the Services will be deemed acceptance of this Privacy Policy.

Delivering Information. The types of information that we collect from you has an impact on the quality and type of Services that we are able to deliver to you. We deliver information to you via:

  1. The internet
  2. Your mobile device
  3. Email
  4. Certain third-party lenders, REALTORS® or other entities that we have contractual relationships with (each a “3rd-party Business Partner”)
  5. Telephone or in person at our offices

Information we collect: These are the types of information we may seek to collect from you:

  1. Location Information — We collect location information associated with the use of an Application either (i) through the real time longitude and latitude from your GPS-enabled wireless device or (ii) based on location information you enter into your mobile device.
  2. Activity Information We collect information from your usage of the Services, including any advertising you may have specifically viewed .
  3. Property Information. We collect information about the types of properties that you have viewed.
  4. Personal Information We collect certain information about you when your register for an Application or to use certain advanced features at the Websites. This information includes name, address and e-mail.

How we collect information. We collect information from you in the following manner:

  1. Registration. You voluntarily provide certain personal information when you register to use Applications and access advanced features at the Websites.
  2. Usage logs. Your mobile devices and computers communicate a variety of information about how you use the Services, and a record of what information you have reviewed including real estate properties, web pages and advertisements.
  3. Smarter Agent Cookies. Cookies are bits of electronic information that can be transferred to a computer to uniquely identify that computer’s browser. Cookies provide us with a unique anonymous feature that we can use in identifying and enhancing the use of our Services. For instance, we use cookies to backfill data as a user moves from tool to tool or search to search. When a registered user returns to the Services, we can return them to the areas and search results in which they are most interested. We sometimes use outside companies to display advertising on our Web site. These ads may place cookies on your computer, which are referenced by our ad companies. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other web sites in order to provide advertisements on this site and other sites about goods and services of interest to you. We do not have access to these cookies or any information that they may contain.
  4. Web Beacons. Web beacons are electronic files that are used to count users who have visited our Services or to identify certain cookies on the computers accessing our Services.

You may restrict the information provided to Smarter Agent. For example, you may decline to provide us with your personal information, disable cookies and use security software to prevent the storage of cookies. Restricting information will however materially reduce and diminish the value of the Services we provide to you.

How we use Information. The primary reason Smarter Agent collects information is to enable it to provide the essential and enhanced elements of the Services. Smarter Agent also collects information to enable its 3rd-party Business Partners to provide services to you, such as Real Estate Brokers who provide brokerage services. For example:

  1. Location Information is used to provide relevant information about the properties you are in front of or in proximity with. We could not provide this information to you in the absence of this location information.
  2. Activity Information. We attach your activity information to your user profile, and this information is used by Smarter Agent to provide you with useful information and relevant advertising.
  3. Property Information. Knowing what type of properties you are interested in is important to a REALTOR® providing brokerage services to you in tandem with Smarter Agent, or if receiving financial information or a mortgage pre-approval from a lender. Once again, this information is vital to our 3rd-party Business Partners to help you with your real estate needs.
  4. Personal Information. We are legally required to know your identity to make certain information available to you such as MLS data.

We recognize that maintaining the privacy of your personal information is important, and for this reason we do not share any of your personal information with third parties without your consent. We will not sell your personal information to any third-party or share your information with telemarketing companies or direct mail companies, and adhere to principles of mutual respect.

Compensation between parties. Smarter Agent may be compensated by its 3rd-party Business Partners if you purchase or lease a property through them.

Wireless Advertising. Our business model is supported by advertising and this revenue stream enables us to provide high quality Services to you. We seek to make advertising relevant to you, which we are able to do this based on the information we collect during your use of our Services. This advertising will only become interactive if you click on it and these advertisers will not know your location or personal information.

Scheduling an Appointment. When you schedule an appointment, or want to talk to a REALTOR®, or get more information:

  1. When viewing “For Sale Properties”, we note the properties that you’ve viewed. If you request more information or request a call back to schedule an appointment to view a property, you give Smarter Agent permission to share this information within its 3rd-party Business Partners.
  2. At the time you decide you are ready, or need to ask specific property questions, these questions by law, must be handled by a licensed REALTOR®. By law we must give you all necessary disclosures, as the buying and selling of real estate is a highly regulated industry. For example, you will be required to consent to the state mandated Consumer Information Statement, before you receive detailed property information from us. Please recognize Smarter Agent is a licensed REALTOR® and is required to meet all local, MLS, state and federal rules and regulations and laws as relates to the buying, selling and financing of real estate.

About Broker Reciprocity/VOW technology. Broker Reciprocity, or IDX/Internet Display, as it is sometimes called, is a service mandated by the National Association of REALTORS®, which allows any real estate broker in an area to post all the listings on their web site, no matter what REALTOR® actually has the listing. VOW, or Virtual Office Sites, are sites run by REALTORS® that mirror the information one could obtain if you were in their physical office. Smarter Agent provides you with IDX data, and in some instances VOW and third party data only if you are a registered user for the Services.

Security. Personally identifiable information collected by Smarter Agent is stored in operating environments that are not available to the public. This information is not stored on the Internet but on a Smarter Agent secure server. We take reasonable steps to protect this data.

Other Registration, Unsubscribe and Update Issues. Personally identifiable information may be required to receive certain products or services. Smarter Agent may disclose personally identifiable information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Smarter Agent; (b) protect and defend the rights or property of Smarter Agent, the Services or the users of Smarter Agent, and (c) act under exigent circumstances to protect the personal safety of users of Smarter Agent or the public.

Summary Info. Smarter Agent may share non-personal aggregate or summary information about our visitors with our 3rd-party Business Partners or other third parties, which is a customary practice on the Internet. For example, we might provide a count of our users from a particular ZIP code.

Other Sites. Smarter Agent may present advertisements or links to third parties such as our 3rd-party Business Partners. When you click on these links or enter information, you may be transferred to an advertiser or third-party’s Web site. Smarter Agent has no control over the privacy practices or information that these sites may request of you. We are not and cannot be held responsible for the privacy practices or content by these entities.

Merger or Sale of Smarter Agent. Any third party that acquires Smarter Agent, whether through a sale of stock, sale of assets or statutory merger, will obtain access to personal information as part of the overall business transaction.