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www.TylerRealEstate.com
Privacy Policy
At TylerRealEstate.com user privacy is of utmost
concern. We are committed to your privacy and security, and to providing
you the best possible user experience. We may update this policy from time
to time, so please check here frequently.
The www.TylerRealEstate.com Internet
website is owned and operated by Broadway Internet Services a wholly owned
subsidiary of Advanced Visuals and Computers, Inc., a Texas corporation (“TylerRealEstate”).
TylerRealEstate created this Privacy Policy in order to demonstrate our firm
commitment to disclose our current policies regarding your privacy and the
confidentiality of your personal information. In addition, we take further
measures to enhance the protection of your privacy and personally
identifiable information, as outlined in this Privacy Policy. Affiliate
means Advanced Visuals and Computers, Inc/dba Broadway Internet Services/dba
TylerRealEstate.com..
What do we mean by privacy? We will never disclose your information to any
third party without your consent, except in limited circumstances to our
business partners with whom we have established agreements that protect your
privacy Your listing of your property and information you state about
it is consent and permission to disseminate that information over the
internet by way of this TylerRealEstate.com website.
We collect and use information from you in our efforts to provide the
highest quality user experience:
IP Address - Your IP or "Internet Protocol" address and other site
usage data is used to gather broad demographic information. This data helps
us serve you by allowing us to understand how visitors use our web sites.
Cookies - Our sites use a technology called "cookies," small files
stored by your browser to help keep track of your user profile. Our cookies
do not collect personally identifiable information, nor do we share them
with anyone. We use cookies to remember your personal profile for your
convenience, to deliver content specific to your needs and interests, and to
ensure you don't see the same ad repeatedly. We also use cookies to track
user trends and improve areas of our sites that our users find valuable.
Ads - We sometimes use outside companies to display advertising on
our web sites. These ads may place cookies on your computer, which are
referenced by our ad companies. We do not have access to this information.
We use customer contact information from registration forms to send you
information related to our products and services if you consent to receiving
such mailings. Your contact information may also be used to contact you
when necessary for administrative purposes related to your account. We use
your email as a unique identifier in our record system, to verify
communications from you, and to send you newsletters and promotion offerings
that you ask to receive or to tell you about changes to the
TylerRealEstate.com website.
Demographic information and site usage data is also collected on our sites.
We use this data to tailor your experience, allowing us to provide content
related to your preferences and information on products or services we think
you may be interested in.
Email Services - If you take advantage of any email notification
features on our sites, you will receive email updates as described in the
service. The TylerRealEstate.com website provides users the opportunity to
opt-out of receiving communications from our partners and us. Users can
remove their personal information from the database of a particular site by
sending a request by email to
support@broadwayinternet.com and typing
"unsubscribe" in the subject line along with any pertinent information in
the body.
Contests and Surveys - Online, we may also survey visitors for
contact information, unique identifiers and demographic information. You
are never required to answer these questions. The information you submit
may be used for analyzing overall site demographics, user preferences and
tastes, and similar "getting to know our customers" purposes. We may
disclose this data to third parties in an aggregated form (such as summary
reports for our advertisers) but never with user data or identification
assigned to the information provided.
When you enter a contest, we will require that you submit a limited amount
of personally identifiable data such as contact information. We may also
ask you questions related to your preferences and age or background. We
will designate which questions are required to be answered in order to enter
the contest. The information you submit may be used to analyze site
demographics and user preferences, and for similar "getting to know our
customer" purposes. We may share this data with third parties in aggregate
form only (as in summary reports to advertisers), and never in the form of
personally identifiable information.
Presently we have no contests and surveys.
Your Security - TylerRealEstate.com, and its affiliates have taken
the following important measures to protect against loss, misuse or
alteration of your personal information. First, we store no financial
information or social security information on our sites. Although you may
have to enter your credit card number or social security number twice, we
think the benefits of security are worth it. When we do transmit your data,
we use only Secure Servers using current encryption technology to encode
your data safely.
Presently we do not require social security number
information and do not anticipate requesting it in the future.
The personal data we do store on our system is protected by password. Our
network is software designed to keep unauthorized users from accessing our
network. The password you select, along with your unique email address,
prevents others from accessing your information. We suggest that you do not
disclose your password to anyone.
Third parties that have their own privacy policies that may be different
than ours provide Third Party Service Providers - some of the services
available through our website. You should review the privacy policy of
third parties before providing your personal information to them.
Outside Links - While on TylerRealEstate.com, you may be led to other
web sites. Be aware that other sites may collect data and personal
information and operate according to their own privacy practices. Please
remember that, once outside of our website, any information you submit is
outside of our control.
Disclosure - To provide you the best products and services, we team
with business partners. When you indicate that you want to receive a
product or service, or contact a person or organization, we share the data
needed for you to receive what you have indicated. Occasionally, we hire
consultants that may need access to our member database to perform their
services for us. We take great care to require that these business partners
agree by contract not to use any member information that they may receive
access to.
TylerRealEstate.com may contract with outside companies to administer our
mailing lists or provide retail services. Your personal information may be
shared with an outside company for the sole purpose of administering the
products, services and programs you have selected.
Choice/Opt-out - The TylerRealEstate.com website provides you the
opportunity to opt out of receiving communications from our partners and
us. To remove your personal information from one of our web sites, email a
request to the site at the address listed in "Contacting Us." To remove
your name from an email service, simply reply to the email and type
"Unsubscribe" in the subject line.
Correct or Update - You can change or update your personal
information for a particular ad, such as the TylerRealEstate.com by going to
the "Modify your ad" or " cancel your ad" section of the site and following
instructions to update your information.
Contacting Us - If at any time you feel that the TylerRealEstate.com
website has not adhered to this policy, email us at
support@broadwayinternet.com and we'll do our best to determine
any problem and quickly respond. If you have questions or concerns about our
privacy policy, please contact us at
support@broadwayinternet.com. And check this page periodically
for changes in our privacy policy.
This TylerRealEstate.com, privacy policy does not extend to any
information that is inherent in the operation of the Internet, and therefore
beyond the control on TylerRealEstate.com, and is not to be applied in
any manner contrary to applicable law or governmental regulation. We reserve
the right at our discretion to make changes to this policy at any time.
TylerRealEstate.com, and its affiliates may disclose your personally
identifiable information if required to do so by law or in the good-faith
belief that such action is necessary to (1) conform to the requirements of
the law or comply with governmental orders, court orders, or legal process
served on TylerRealEstate.com, or its affiliates; (2) protect and
defend the property or rights of TylerRealEstate.com, and its
affiliates or the users of TylerRealEstate.com
Money-Back Guarantee Policy (Valid for internet listings
only posted after 1/1/04)
We offer a Money-Back Guarantee that our services will
result in the successful sale of your property. The guarantee is:
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We will, upon request as set forth below, refund the
listing fee paid by you for your listing on TylerRealEstate.com in the
event you have continuously listed your property for 12 consecutive months
and such property has not been sold or received a binding offer of sale in
the 12 months from the date upon which your listing was activated on
TylerRealEstate.com's web site ("service failure") and you retain the
services of an agent affiliated with TylerRealEstate.com.
-
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This Money-Back Guarantee is your exclusive remedy in
the event of a service failure for the recovery of all or any portion of
the TylerRealEstate.com charges for a listing. The MLS portion will not
be refunded back to customers, only the TylerRealEstate.com listing fee
will be refunded. This Money Back Guarantee may be terminated by us at
any time (which will be posted on the web site) in which event, there
will be no remedy or recovery of charges for a service failure.
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To qualify for a refund due to a service failure, you
must notify us of the service failure and request a refund of your listing
fee in compliance with the conditions listed below. If you do not comply
with these conditions, you are not entitled to receive a refund.
-
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Requests for refund of the listing fee due to a
service failure must be mailed to the following address:
TylerRealEstate.com
6614 S Broadway Ave
Tyler, Texas 75703
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Your notification of a service failure must include
your TylerRealEstate.com listing number.
-
All requests for refund must be received via one of
the approved channels within 15 calendar days after the twelve month
anniversary from the date from which the listing was activated on
TylerRealEstate.com's web site.
-
TylerRealEstate.com will not be obligated to refund
your listing fee under the Service Failure Money-Back Guarantee if:
-
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The service failure resulted, in whole or in part,
from any failure by you in complying with the "Terms and Conditions" of
our web site.
-
The service failure resulted, in whole or in part,
from any failure by you in complying with the terms and conditions of a
real estate binder or contract of sale. We reserve the right to request
a title report (at the owner's expense) prior to issuing a refund.
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The listing was created without correct contact
information (phone number and email address) or such contact information
was not properly maintained.
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The TylerRealEstate.com Money-Back Guarantee does not
apply to any listing containing fraudulent or incorrect information.
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The following limitations also apply to the Service
Failure Money-Back Guarantee:
-
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Refunds will be made or applied to the payor's
account only. Only one refund is permitted per listing even if such
listing appeared more than once.
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THIS LIMITED WARRANTY IS EXCLUSIVE AND INSTEAD OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT LIABLE
FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, WHETHER OR NOT
SUCH DAMAGES ARE BASED UPON TORT, CONTRACT, BREACH OF WARRANTY OR OTHER
CLAIMS.
Security of Your Submissions and
Transmissions
TylerRealEstate utilizes its best
efforts to protect the security of any information submitted or transmitted
by you to www.TylerRealEstate.com, including, but not limited to, personally
identifiable information. However, in the unlikely event that an
unauthorized third party compromises TylerRealEstate’s security system,
TylerRealEstate is not responsible for any occurrences or damages directly
or indirectly caused by an unauthorized third party’s ability to view, use
or disseminate your submissions or transmissions to www.TylerRealEstate.com,
or your personally identifiable information.
Access and Use by Minors
www.TylerRealEstate.com is not
intended to be accessed or utilized by persons under the age of 18.
TylerRealEstate does not intend or purposefully attempt to gather
information from children under the age of 13.
Changes to this Privacy Policy
TylerRealEstate developed this
Privacy Policy as a manifestation of our firm commitment to disclose our
current privacy and confidentiality policies to you. However, the Internet
and real estate industries are rapidly evolving. With this in mind,
TylerRealEstate reserves the right to amend this Privacy Policy at any time
in its sole discretion and without notice. You are encouraged to revisit
this Privacy Policy from time to time in order to review any changes that
have been made. Your continued access and use of www.TylerRealEstate.com
following the posting of any such changes shall indicate your acceptance of
the same.
Your Questions, Comments &
Complaints
TylerRealEstate encourages you to
provide TylerRealEstate with feedback regarding this Privacy Policy. If you
have questions, comments or concerns regarding this Privacy Policy, please
contact support@broadwayinternet.com. If you feel that TylerRealEstate is
not abiding by this Privacy Policy at any time, please immediately contact
support@broadwayinternet.com.
Governing Law; Jurisdiction and
Venue
This Privacy Policy is to governed
and construed in accordance with the internal laws of the State of Texas,
without regard for principles of conflicts of laws. Any civil action,
claim, dispute or proceeding arising out of or relating to this Privacy
Policy shall be referred to final and binding arbitration, before a single
arbitrator, under the commercial arbitration rules of the American
Arbitration Association in Smith County, Florida. The arbitrator shall be
selected by you and TylerRealEstate, and if you and TylerRealEstate are
unable to reach agreement on selection of the arbitrator within thirty (30)
days after the notice of arbitration is served, then the arbitrator shall be
selected by the American Arbitration Association.
Judgment upon any award rendered by
the arbitrator shall be final, binding and conclusive upon you and
TylerRealEstate and your and TylerRealEstate's respective administrators,
executors, legal representatives, successors and assigns, and may be entered
in any court of competent jurisdiction. Notwithstanding the previous
sentence, in no event shall either you or TylerRealEstate be entitled to
punitive damages, and both you and TylerRealEstate hereby waive your rights
to any punitive, special, indirect or consequential damages, including, but
not limited to, damages for any loss of profit, revenue or business.
Miscellaneous
If any portion of this Privacy
Policy is deemed unlawful, void or unenforceable by any arbitrator or court
of competent jurisdiction, this Privacy Policy as a whole shall not be
deemed unlawful, void or unenforceable, but only that portion of this
Privacy Policy that is unlawful, void or unenforceable shall be stricken
from this Privacy Policy.
The headings contained in this
Privacy Policy are for convenience of reference only, are not to be
considered a part of this Privacy Policy, and shall not limit or otherwise
affect in any way the meaning or interpretation of this Privacy Policy.
All covenants, agreements,
representations and warranties made in this Privacy Policy, as may be
amended by TylerRealEstate from time to time, shall survive your acceptance
of this Privacy Policy and the termination of this Privacy Policy.
This Privacy Policy represents the
entire understanding and agreement between you and TylerRealEstate regarding
the subject matter of this Privacy Policy, and supersedes all other previous
agreements, understandings and/or representations regarding the same.
Updated 12/30/02,
updated 10/23/03
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