Privacy Policy & Terms of Use

PRIVACY POLICY

We are committed to changing the way the world buys and sells real estate by empowering YOU! We invent new real estate tools and services so you may find what you want, when you want it — more efficiently, with fewer hassles.

There are several ways we deliver information to you:

• Via the Internet

• To your cell phone or PDA

• Via email

• By referring you to a Smarter Agent pre-screened non-affiliated Lender, Realtor™ or 3rd party corporate entity.

• Via telephone or in person at our offices.
  

Your Privacy From Our Internet Site(s)

In regard to your privacy, from our Internet site(s), such as smarteragent.com, we allow you to browse and perform basic real estate searches without identifying yourself.

At some point, you might want to use some of Smarter Agent's advanced features by becoming a client of Smarter Agent. You become a client by logging in/registering, which consists of providing a name, email address and may include other types of contact information in certain circumstances.

Clients receive access to advanced features that may include:

• Access to more MLS listings and addresses of those properties.

• Ability to set up profiles of properties you are interested in and receive instant email notification by Smarter Agent when properties matching your criteria are posted on the MLS.

• Use of our "best of the best" Relocation Network of Realtors™

• Recieve rebates with our Get Bucks Back program. [Get Bucks Back program is not allowed in every state]

• GO WIRELESS access Smarter Agent from your cell phone or PDA.

In the instances above, certain real estate regulations demand we know to whom we distribute information to, and in others logic dictates that we need to know where to send requested information.

We understand the way you would like to be treated and it is reflected in the way Smarter Agent does business both online and offline - fairly, honestly, and with value as a cornerstone.

How we use the Information we obtain from you via the Internet when you register as a client and login, or when you call us.

Via the Internet

Smarter Agent does not share or sell your personal information (name, email, phone number, etc.) to anyone other than with our real estate related partners, such as our Lender (banks, mortgage companies, credit unions) and our Relocation Network (real estate agents), who help you find, buy or finance real estate.

Calls and email you may receive: You may receive a call or email from Smarter Agent or a real estate agent or lender, but only from Smarter Agent or 3rd party companies involved in real estate and financing activities that we personally pre-qualify.

Compensation between parties: Smarter Agent and these Lender and Agent partners are each separately owned and operated. Smarter Agent is compensated by Agents and their Brokers if you go on to purchase a property through them, and Lenders pay Smarter Agent technology and marketing fees unrelated to if you use their financial services to complete a transaction.

We never sell or share your information with telemarketing companies or direct mail companies, and adhere to principles of mutual respect. We hope you buy, finance and sell real estate through Smarter Agent and our Real Estate Partners because you find value in the way we do business.

Via Wireless Devices

Smarter Agent has created a revolutionary wireless real estate portal that delivers information about your surroundings based on your location. We want to change the way you learn about the world around you by delivering location specific information to you - wherever you are.

There are two types of information we obtain relating to your privacy and the operation of Smarter Agent's wireless technology when using GPS.

• Location Information - We need to know your location to tell you details about your surroundings. By obtaining your real time longitude and latitude from your wireless device (if you have GPS) or based on information you type in, such as an address, Smarter Agent can beam relevant information as requested by you, the user. No matter how you access the system, we only use your position to figure out what property you are in front of or near. From most cell phones or PDA's you can turn off location features when not using Smarter Agent.

• Personal Information - Smarter Agent is committed to protecting your privacy so we do not release any personal identifiable information about your real-time location without permission.

Wireless Advertising

You may receive advertising of a generic nature. For example: you may see 2 lines of advertising running at the bottom of your mobile device screen. The advertising will only become interactive if you click on it and these advertisers will not now your location or personal information. Wireless advertising works just like the advertising on our website.

If you use a Palm OS, Windows CE or Cell Phone Devices

• Smarter Agent does not collect any information about your wireless device, the other applications you use, or the data on your device outside of Smarter Agent itself.

• Smarter Agent tries to provide you with the most relevant location-based content and advertising-based data you request. We do this by noting the sections of Smarter Agent that you've viewed and the ads that you've tapped, then we attach them to your user profile (only accessible by Smarter Agent) when you open or sync your Wireless Device and update Smarter Agent. Smarter Agent then uses this to show you the best information and most relevant advertising/services based on where you are and the types of information you need.

Wireless and Internet access to Smarter Agent through third parties

You may be able to link and/or obtain access to Smarter Agent’s real estate search from a third party, such as a Realtor™, a bank, corporate sponsor or financial institution. If you are using Smarter Agent’s Ultimate Real Estate Search, you should always see the “Powered by Smarter Agent Realtors™”, text and or logo as a reference.

While third parties do not receive your real time location, 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 bank and realtor partners to help you with your real estate purchase and they may email or contact you. We apologize for any inconvenience this may cause and insist you contact us if this small bit of advertising irritates you - we will see what we can do!

When you Schedule an Appointment, or Want to Talk to A Realtor™, or get more information

• 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 Smarter Agent Relocation to respond to your inquiry.

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.

Other Information:

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 client of Smarter Agent.

These are powerful tools, as it lets Realtors™ extend their offices to the new medium of the Internet. For example, in the past, you had to call a Realtor™ who would fax, email or mail you descriptions of properties, or get you to come down to their offices where they would make copies of fact sheets on properties which match your criteria. Broker Reciprocity allows Realtors™ to reach people via the Internet to perform these services in a more efficient and effective manner. However like all new things, some Realtors™ do not let their listings appear via Broker Reciprocity. Hey, we’re sure horseshoe blacksmiths were bummed out when the automobile appeared on the scene, and tele-type operators got really upset when the telephone was invented — so we understand the resistance. Plus, the average Realtor™ is slow to adapt to change, so there is a growing disconnect in the industry between tech savvy agents and tech savvy consumers. On a good note, we get lots of clients who just don’t seem to be satisfied with the status quo, Realtor™ controlled, on-their-time schedule, approach to real estate. Our clients prefer our open way of doing business and pre-selection of tech savvy Realtors™ to meet their home buying needs.

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 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 site 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.

You are given the option to unsubscribe to Smarter Agent. Simply send us an email with the pertinent information (your email, phone number, name, address), with your request to unsubscribe and have your client information purged from our system.

You can also review and update the personally identifiable information you have submitted by clicking on My Profile once you are logged in.

Summary Info

Smarter Agent may share non-personal aggregate, or summary information about our visitors with 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.

Cookies

Smarter Agent uses a standard Web browser feature called "cookies" to help us improve your experience. Cookies merely provide us with a unique anonymous feature that we can use in identifying — and enhancing — the use of sections of our site. 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 site, we can return them to the areas and search results in which they are most interested. WE DO NOT TRACK OR MONITOR WHERE YOU GO ONCE YOU LEAVE SMARTER AGENT. You may choose to disable cookies in your browser or use security software to prevent the storage of cookies. However, this will prohibit the site from fully personalized functionality, and inactivate search and mapping functions.

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.

Other Sites

Smarter Agent may present advertisements or links to partner companies. When you click on these links or enter information, you may be transferred to an advertiser or partner'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. However, please notify us immediately of any improper practices you encounter.

TERMS OF USE

Your acceptance of these terms:

By using Smarter Agent products and services, including our web site and wireless offerings, you signify your agreement with and acceptance of our stated Privacy Policy. If you do not accept this policy, please do not use this site in any way. Your continued use of Smarter Agent and/or its affiliates’ sites following the posting of changes to these terms will mean you accept those changes, regardless of whether or not you are provided with additional notice of such changes.

Smarter Agent shall have the right to terminate users ability to access this service at any time without notice.

Agreement between User (also known as ‘clients’ after registration) AND Smarter Agent

You agree:
Smarter Agent is offered to you (also called "Registrant", "User" and/or "Client"), conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement. Your use of any Smarter Agent services and products constitutes your agreement to all such terms, conditions, and notices.

All of the information I have provided to Smarter Agent is true and complete. I authorize Smarter Agent to forward my information to its Relocation agents and lenders and related party affiliates. I understand that these companies and agents may retain certain information about me, whether or not I complete a real estate transaction with them.

REALTY SERVICES

Smarter Agent is a Delaware corporation with corporate offices in Pennsylvania and New Jersey. Real estate programs are administered by Smarter Agent Realtors™, a licensed real estate broker. The programs may be available on modified terms, or may be prohibited, in certain jurisdictions. The programs may vary by region or state. Other restrictions may apply.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Web site are: Copyright Smarter Agent and/or its partners or real estate professionals. All rights reserved. Smarter Agent™ is a registered trademark of Smarter Agent. “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.

REAL ESTATE DATA

You, "the Registrant" agree and acknowledge:

• Access to this site is a lawful consumer-broker relationship and is subject to all MLS, NAR, State and Federal regulations governing real estate with the Participant;

• All data obtained from the IDX or VOW is intended only for the Registrant's personal, non-commercial use;

• The Registrant has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the VOW or IDX;

• The Registrant will not copy, redistribute or retransmit any of the data or information provided;

• The Registrant acknowledges the MLS's ownership of and the validity of the copyright in the MLS database.

PATENTS

Smarter Agent holds 2 important United States patents that govern the use of wireless location-detection (such as GPS and timing-traingulation) to provide descriptive real estate information about a property or landmark to a users wireless device such as a mobile phone or PDA. Including United States patent numbers: 6,385,541 and 6,496,776 and other pending patents.

DISCLAIMERS AND LIMITATIONS

Smarter Agent intends that the information contained in this Web site be accurate and reliable; however, errors sometimes occur. In addition, Smarter Agent may make changes and improvements to the information provided herein at any time. Smarter Agent and the information, software, products and services associated with it, including all web and wireless products, are provided "as is ” without any warranty or representations.

Smarter Agent and/or its suppliers or real estate professionals disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to Smarter Agent, this web or wireless site, and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and no infringement. Use of Smarter Agent is at your own risk. Smarter agent and/or its suppliers or real estate professionals are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of Smarter Agent or with the delay or inability to use Smarter Agent, its web or wireless site, or for any information, software, products and services obtained through this web site, or otherwise arising out of the use of Smarter Agent, whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if Smarter Agent and/or its suppliers had been advised of the possibility of damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

It is prohibited to use Smarter Agent wireless and Internet products in a moving or illegally parked vehicle, or in violation of any motor vehicle law.

It is prohibited to use Smarter Agent in violation of any local, state or federal law.

INDEMNITY

As a condition of use of this Web site, you agree to indemnify Smarter Agent and its suppliers and real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

Maps and directions provided on any Smarter Agent site are informational only. No representation is made or warranty given as to their content, road conditions or route usability or expeditiousness. The use of any such maps and directions is subject to this terms and conditions of use and user assumes all risk of use. Smarter agent and its suppliers assume no responsibility for any loss or delay resulting from such use.

LINKS TO THIRD PARTIES

Smarter Agent may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Smarter Agent does not operate or control in any respect any information, software, products or services available on such Web sites. Smarter Agent’s inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

ERRORS AND DELAYS

Smarter Agent is not responsible for any errors or delays in responding to any request from you, whether the fault of our personnel or equipment, or any third party, technical or otherwise.

GENERAL

This agreement shall be subject to and construed in accordance with the laws of the State of New Jersey and the State of Pennsylvania, excluding conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of courts in Atlantic County, New Jersey, in all disputes arising out of or relating to the use of Smarter Agent. Use of Smarter Agent, or any portion of Smarter Agent, is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. This agreement constitutes the entire agreement between you and Smarter Agent and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Smarter Agent with respect to this Web site and information, software, products and services associated with Smarter Agent. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

Submissions to Smarter Agent ‘The Company’ outside the boundaries of consumers buying and selling real estate and out the realm of our fiduciary duties as Real Estate Brokers: To avoid the possibility of future misunderstandings when projects developed by Smarter Agent might seem to others to be similar to their own ideas, suggestions or materials. If you do send us any materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to Smarter Agent by electronic mail or otherwise, communications including any such information, data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Smarter Agent. None of the Information shall be subject to any obligation of confidentiality on the part of Smarter Agent and shall not be liable for any use or disclosure of any Information. Smarter Agent shall exclusively own any now known or hereafter existing rights to the Information of every kind and shall been titled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

YOU MAY PRINT OR DOWNLOAD A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

WARNING: If you are a licensed Realtor™, you are prohibited from using this site. This site is solely for non-commercial use by our clients. We understand the tools and searches we give to our clients may be more powerful and easier to use than those you pay for as a professional. However, this is our competitive advantage. Realtors™ attempting to use our system will be prosecuted and complaints lodged through your state Real Estate Commission. We monitor our system for fraud and incorrect address profile information. If you would like a password to monitor our site (no more than 4 separate log-ins per month) to review if we are complying with any MLS rules, please feel free to contact us at 856-614-5423 and we will issue you a log-in and password.

ADDRESS INFORMATION FOR SMARTER AGENT