John L. Scott attempts to ensure that the content, property and other product descriptions and other information on the Site are as accurate as possible. However, John L. Scott does not warrant or guarantee that any information on the Site is accurate, complete or error-free, and John L. Scott undertakes no commitment or obligation to update any content, property and other product descriptions or other information on the Site. John L. Scott may at any time change the contents, property and other product descriptions or other information on the Site, and/or any aspect of the Site, without prior notice.
All materials on the Site, including all text, graphics, logos, images and any other material or information published on or used in connection with the Site (collectively, the “Site Content”) are the property of John L. Scott or its licensors. The Site Content is protected by copyright laws and treaties around the world, and all rights in and to the Site Content are expressly reserved. Any use of the Site Content not permitted under these Terms is strictly forbidden. If you breach any provision of these Terms or make any use of the Site Content not permitted by these Terms, we may automatically terminate and cancel your authorization to visit the Site and you must, at our sole option, immediately return or destroy any material printed or downloaded from the Site.
Subject to the terms and conditions set forth in these Terms, John L. Scott grants you a personal, non-transferable and non-exclusive limited license to access and use the Site and to download and print a single copy of the Site Content solely for your personal, non-commercial use, and provided that you do not delete or modify any copyright or other proprietary notices. Any other copying, use, distribution, publication, transmission or modification of the Site Content or any other property of John L. Scott, whether in electronic or hard copy form, is strictly prohibited. This prohibition includes screen or database scraping for any purpose.
Property Tracker®, Market Watch Eligibility and Registration Data
You must be 18 years of age or older to use Market Watch. To use certain features of the Site, including Property Tracker® and/or Market Watch, you must register for an account. By registering for an account, you represent and warrant that any information that you submit is true and accurate, that you have not previously been suspended or removed from Market Watch, that you are not a direct competitor of JLS or any JLS Affiliate and that you are fully able and competent to enter into, and abide by these Terms. You further agree to (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms within our registration process (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (v) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at email@example.com. Use of the Site, Property Tracker® and/or Market Watch is void where prohibited.
The Site may now or in the future allow users to select, input, upload and share information and data in connection with the Site, including via Property Tracker® and/or Market Watch, and may now or in the future allow you or other users to post, link, store or otherwise make available a wide variety of information, text and/or other materials to the user or others in connection with the use of the Site or otherwise (collectively, “User Content”). You are solely responsible for your use of any User Content, and you use such User Content at your own risk. By posting any User Content, you represent and warrant that you own and control all of the rights to the User Content that you post, or that you otherwise have the lawful right to distribute and reproduce such User Content and to grant John L. Scott the license for the User Content described below and that your use and posting of such User Content does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for any third party. By selecting and/or posting any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site, any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent or otherwise objectionable (as determined in our sole discretion);
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information;
- User Content that, in our sole discretion, is objectionable or which restricts or inhibits any other person from using and/or benefiting from our Site, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- User Content that is spam, is machine- or randomly-generated, contains unethical or unwanted commercial content, furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);
- User Content that in any way refers to or depicts persons under 18 years of age; or
- User content that attempts to disrupt the Site.
We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
As a provider of interactive services such as Property Tracker® and Market Watch, we are not liable for any statements, representations, User Content or Advertiser Content (as defined below) provided by users in any form whatsoever on any area of the Site or through any Property Tracker® and/or Market Watch communications. Although we have no obligation to screen, edit or monitor any of the User Content or Advertiser Content posted anywhere on or through the Site, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content and Advertiser Content posted or stored on or through the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on or through the Site, at your sole cost and expense.
In posting and/or otherwise submitting User Content to the Site or through Property Tracker® and/or Market Watch, you grant us an irrevocable, worldwide, transferable, nonexclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content and any information, data or other material generated through the use of the Site on or in any and all media (now known or hereafter developed). You also hereby grant each user of the Site, Property Tracker® and/or Market Watch a non-exclusive license to access your User Content and any information, data or other material generated through the use of the Site, Property Tracker® and/or Market Watch and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content and information, data or other material generated through the use of the Site, Property Tracker® and/or Market Watch under these Terms.
Third Party Links
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have not performed any check on sites that are linked by or accessible from the Site, nor are we responsible for how such sites are managed, their content and their availability to use. We have no control over the content of those sites or the resources available from those sites, and accept no responsibility for them or for any losses or damages that may arise from your use of such sites. If you decide to access any website by a link from the Site, you do so exclusively at your own responsibility and risk.
Advertisements and Promotions
We may now or in the future allow advertisers and corporate partners to post content on the Site and provide links to sites and content of third parties (collectively the “Advertiser Content”) as a service to those interested in this information. Advertiser Content may be targeted to users based on information they provide through use of the Site or other information. We do not control, endorse or adopt any Advertiser Content and we make no representation or warranties of any kind regarding the Advertiser Content. The types and extent of advertising on the Site are subject to change.
Infringing Materials; Copyright Complaints
See this information under the DMCA Notice on our website under http://www.johnlscott.com/dmca.aspx.
Applicable Law; Disputes
JOHN L. SCOTT REAL ESTATE
By accessing or using the Site, you consent to the Policy and John L. Scott’s collection, use and disclosure of your personal information as described below. Please read this Policy carefully. John L. Scott may amend and/or modify this Policy from time to time and without notice, effective upon posting on the Site. Your continued access and use of the Site after the Policy has been modified constitutes your consent to the Policy as modified.
Information We Collect
Information You Give Us: John L. Scott receives and stores any information you post on or provide through the Site, via Property Tracker® and/or Market Watch, or through any other means. This includes any personal information you provide, such as your name, mailing address, email address and telephone number. You can choose not to provide such information, in which case you will not be able to access or use portions of the Site. John L. Scott may, but is not obligated to, retain the content of any emails you send or information you provide by any other means.
Automated Collection: John L. Scott automatically receives and stores certain types of information when you visit the Site, such as the name of the domain and host from which you access the Internet; the IP address of the computer you are using and the browser and operating system you are using; the date and time you access the Site, the Internet address of the website from which you linked to the Site and any search terms you used to find the Site. We use “cookies” to automatically gather some of this information. A cookie is a small text file that the Site sends to your computer to collect information about your activities on the Site. The cookie transmits this information back to the Site each time your browser requests a page from the Site, and the information is stored to help facilitate your use of the Site the next time you visit. You can set your browser to not accept cookies, but then you may not be able to access or use certain portions of the Sites.
Use of Personal Information
John L. Scott may use the personally identifiable information provided or obtained through the Site to:
- In connection with the creation and maintenance of your Property Tracker® and/or Market Watch account(s);
- In connection with the delivery and development of Property Tracker® email alerts and other email communications;
- Perform research and analysis about your use of, or interest in, our products, services or content, or products, services or content offered by John L. Scott or others;
- Communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or other third parties;
- Tailor your user experience;
- Develop and display third-party content and advertising tailored to your interests on the Site and other sites;
- Enforce our Terms and Conditions;
- Manage our business; and
- Perform functions as otherwise described to you at the time of collection.
Disclosure of Personal Information to Third Parties
John L. Scott does not share the personally identifiable information provided or obtained through the Site with third parties, except as described below and otherwise specified in this Policy. John L. Scott may share personally identifiable information as follows:
- With the third party or third parties that perform(s) maintenance and operation of the Site on our behalf. These parties are bound by a confidentiality agreement prohibiting the unauthorized disclosure and/or use of your personal information;
- With other third parties that perform services or functions on our behalf. We do not authorize such third parties to use your information for any other purposes;
- As John L. Scott believes necessary to comply with laws, statutes or regulations and/or to enforce this Policy and the Terms and to protect our rights and the rights of others;
- As required by a court or government agency or to respond to a claim by you or a third party;
- As part of a transfer of our assets, for example in the event of a merger, acquisition, corporate change or, in the unlikely event of a bankruptcy, involving John L. Scott; and
- As you may otherwise request or agree.
The Site is not directed at children, and John L. Scott does not knowingly collect personal information directly from users or from other web sites or services directed at children. Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), John L. Scott will not knowingly request or collect personally identifiable information from any child under age 13 without requiring parental consent. Any person who provides his or her personal information to use through the Site represents that he or she is older than 12 years of age.
Corrections and Updates
If you want to view, delete or modify your personal information, you may do so by sending an email to [firstname.lastname@example.org]. You may also choose to opt-out of receiving future Property Tracker® email alerts or other emails by following the unsubscribe instructions included in email communications, or by contacting John L. Scott as provided above.
John L. Scott reserves the right to verify the identity of any person making a request to opt-out or to delete or modify personal information; provided, however, that we will have no liability of any kind resulting from false or erroneous requests or any change or deletion made by John L. Scott for any reason. Personal information collected and transferred to back-up or archival storage may be retained indefinitely. John L. Scott may also retain unmodified information as necessary for business records and as required under applicable law.
Third Party Sites
What Steps Do We Take To Protect Your Information Online?
We take reasonable measures to protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. All John L. Scott employees with access to the personal information you provide to us, through the Site, via Property Tracker® and/or Market Watch or through any other means, are bound by a confidentiality agreement prohibiting the unauthorized disclosure and/or use of your personal information.
Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. If we become aware of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Site if a security breach occurs. We may also send an email to you at the email address you have provided to use in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Users should also be aware of how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shm for information about how to protect yourself against identity theft.
Your California Privacy Rights
Effective January 1, 2005, under California Civil Code Section 1798.83, if an individual who is a California resident has provided personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual's personal information to a third-party and knows or should have known that such third-party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom it was shared.
Any request for a disclosure required under this California law should be sent to us via email at [email@example.com] or via regular mail at:
John L. Scott WA Service Center
Attn: Legal Department
11040 Main Street
Bellevue, WA 98004
Please note that under this law, we are not required to respond to a customer's request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.
The Site is hosted in and provided from the United States. If you use the Site from the European Union, Canada or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States. The United States does not have the same data protection laws as the EU, Canada and some other regions. By providing your personal information, you consent to the transfer of your personal data to the United States and the use of your personal information, in accordance with this Policy.
If you have any questions about this Policy, please contact us at [firstname.lastname@example.org].
Last updated: October 1, 2013