• Terms Of Use
  
• Mobile Terms of Use
• Broker/Agent Terms
• Privacy Policy

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Terms Of Use

These are the terms of use ("Terms") for the "Homes for Sale", "Apartments for Rent", and "Recently Sold Homes" (collectively, the Applications) and websites (collectively, "Websites") owned and/or operated by Smarter Agent, LLC ("Smarter Agent"). The Applications and websites are sometimes collectively referred to in these Terms as the "Services". It is important that you read and accept these terms of use 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 these Terms. 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 these Terms.

1. General. The Services 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 (a Smarter Agent "Licensee").
   
   
2. Privacy and Mobile Terms of Use Policies. Your use of the Services is expressly governed by Smarter Agent's privacy and mobile terms of use policies which are expressly incorporated in these Terms as if fully stated herein. You can find these policies at: Privacy Policy and Mobile Terms of Use.
   
   
3. Accuracy of Information. You agree to provide Smarter Agent with true, accurate, current and complete information when subscribing to an Application, and promptly update any changes to this information.
   
   
4. Modification and Notices. Smarter Agent may revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you. All changes are effective upon posting to the Smarter Agent website. You should visit this page periodically for changes. Your sole remedy is to discontinue use of the Services if you disagree with the Terms. Your continued use after a change has been posted constitutes your acceptance of those changes. You hereby consent to electronically receive communications, notices, agreements, legal disclosures or other information (collectively, "Notices") in connection with the Services. Smarter Agent may also post Notices on Websites or sending Notices to your mobile device. You may withdraw from the consent to receive Notices electronically by discontinuing all use of the Services.
   
   
5. Site Security. You are prohibited from violating, or attempting to violate, the security of this Services. Any such violations may result in criminal and/or civil penalties against you. Smarter Agent will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
   
   
6. Applications. An Application often combines GPS, wireless and web technologies, and may be offered under a Smarter Agent or Licensee brand "powered by Smarter Agent". Smarter Agent may need to periodically record your location, either through the GPS technologies of your mobile device or through entering your location on the device. You hereby expressly authorize Smarter Agent to allow your mobile device to be located, and these locations to be recorded, compiled, stored and displayed. Use of a mobile device may require payment of a monthly fee to a wireless carrier. Use of an Application may also require payment of certain fees imposed by your wireless carrier or a Licensee. In these instances, you will be required to comply with the relevant payment requirements imposed the these third parties, including the provision of appropriate credit card information, before gaining access to the Application. Failure to make any required continued payments will cause your access to an Application to be suspended or terminated.
   
   
7. More on Location. Smarter Agent may share non-personal or summary information about our visitors with third parties, which is a customary practice. For example, we might provide a count of our users from a particular ZIP code. In GPS mode, we do not track your location coordinates as you move from property to property. Only when you start a search do we return information that matches your location or request. When you schedule an appointment or want to receive more information by talking to an agent, the Services provide us permission to share this information with the broker/agent, (i.e. we are placing a call to a Broker/Agent and transmitting the property information to the Broker/Agent). At the time you need to ask specific property questions, these questions by law, must be handled by a licensed real estate agent.
   
   
8. Short Codes: The Smarter Agent short code offering is intended to provide you with the ability to obtain more information in a text message. The call-to-action key word is often listed on a real estate rider attached to a sign. You must have an SMS/text messaging-enabled mobile phone to utilize this capability. Currently, the following wireless carriers are supported: - Alltel - AT&T - Cellular One - Nextel/Boost - Sprint - T-Mobile - US Cellular - Verizon Wireless - Virgin Mobile. Smarter Agent does not charge users for this service, but standard message charges or other charges from our wireless carrier likely do apply. You may opt out of the Smarter Agent text message service at any time by texting STOP to our short code from your mobile phone. We will unsubscribe you from our text messaging service immediately.
   
   
9. IDX and Broker Reciprocity. The Services provide access to listings and local real estate content ("Information"), including data provided by real estate brokers where IDX or VOW MLS data ("MLS data") is displayed. Use of an Application is expressly subject to all MLS, National Association of Realtors (NAR), Local MLS, State and Federal regulations governing real estate. All data obtained from the IDX and VOW MLS database is intended only for the user's personal, non-commercial use and where the user has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the MLS database. You may not copy, redistribute or retransmit any of the data or information provided. You expressly acknowledge the MLS's ownership of and the validity of the copyright in the MLS database. Broker Reciprocity, or IDX/Internet Display, is a service mandated by the NAR, which allows any real estate broker in an area to post all the listings on their site, no matter what Broker/Agent actually has the listing. VOW, or Virtual Office Websites, have similar rules which Smarter Agent has determined to follow and are applicable to your use of the Services. Information is deemed to be reliable but is not guaranteed. All real estate IDX MLS listings are marked with the Broker Reciprocity Logo and detailed information about them includes the listing Broker/Agent name as required by the local MLS. The listing broker has attempted to offer accurate data, but you are strongly advised to confirm all items. Some properties which appear for sale 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 if that firm or homeowner requested its listing to be withheld from public display. Smarter Agent assumes no liability for the accuracy of any MLS data, or other information presented by any Broker or Agent.
   
   
10. Scheduling an Appointment; Getting More Information. Smarter Agent records each "For Sale Property" viewed by you using the Services. 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 you call is not completed. Specific question about a property can only be answered by a licensed real estate agent. Site Security. You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you. Smarter Agent will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
    
    
11. Telephone Charges. You are responsible for payment of all charges that are imposed by your wireless carrier. Subscription to an Application does not relieve you of the requirement to pay any voice, data or other charges assessed by your wireless carrier.
    
    
12. Prohibited Activities. In using the Services, you must also not:
    Send or otherwise transmit to or through the Services any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind; Misrepresent your identity or affiliation in any way; Violate any applicable laws or regulations; or Assist or permit any persons in engaging in any of the activities described above.
    
    
13. Other Prohibited User-Submitted Information. You must exercise caution, good sense and sound judgment in using the Services. You are responsible for any material you transmit to or through the Services. You agree, represent and warrant that any information you transmit to or through the Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. Certain information submitted by you is subject to Smarter Agent's privacy policy, available on this website.
    
    
14. Unsolicited Ideas. Smarter Agent does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any material to or through this Services that you consider to be confidential or proprietary. Any material that you transmit to or through the Services will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in Smarter Agent's privacy policy, you give Smarter Agent an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transit and distribute such information. You further agree that Smarter Agent has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site.
    
    
15. Copyright. The material made available through the Services is protected by copyright. No material from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Smarter Agent's copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this Services except the home page (http://www.smarteragent.com), must be obtained from Smarter Agent in advance. Requests for such authorization should be submitted via an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Smarter Agent.
    
    If you download software from the Services, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Smarter Agent. Smarter Agent does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Smarter Agent retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and on giving Smarter Agent prior written notice of such activities.
    
    
16. Trademarks. All trademarks, service marks, logos and trade names on the Site, whether registered or unregistered, are proprietary to Smarter Agent or various third parties where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
    
    
17. Links to Other Websites. As you use the Services you may notice links to non-Smarter Agent websites. These links are for convenience only. If you use these links, you will leave the Services. Certain of these linked websites may make use of Smarter Agent proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from Smarter Agent. Smarter Agent is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Smarter Agent of the organizations sponsoring such third party websites or their products or services. These Terms do not apply to any other websites.
    
    
18. Governing Law and Jurisdictional Items. The Services are controlled and/or operated by Smarter Agent from its offices within the State of New Jersey, United States of America. You hereby agree to submit to the exclusive jurisdiction and venue in the state and Federal courts sitting in Camden, NJ for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms. Smarter Agent makes no representation that materials in the Services are appropriate or available for use in other locations. Those who choose to access Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited. Software from the Services is further subject to United States export controls. No information or software from this Services may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
    
    
19. Termination. Smarter Agent may terminate your use of any of the Services at any time and for any reason without notice for conduct violating these Terms.Upon any such termination, you must destroy all materials obtained from the Services and all copies thereof. The provisions of these Terms concerning Services security, prohibited activity, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, governing law and jurisdiction shall survive any such termination.
    
    
20. Disclaimers.
    • The materials in the Services are provided "as is" and without warranties of any kind, either express or implied. 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 title, non-infringement, accuracy, freedom from interference with enjoyment, or fitness of resulting work product, are hereby disclaimed.
    • Smarter Agent does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Services or the server that makes it available are free of viruses or other harmful components. Smarter Agent does not make any representations or warranties regarding the use or the results of the use of the materials in this Services in terms of their correctness, accuracy, reliability, or otherwise.
    • You understand and agree that the downloading of Software to your wireless device is at your own discretion and risk. You will be solely responsible for any damages to your wireless device or loss of data that results from such download and use.
    • Use of an Application is unlikely to be uninterrupted for error free. Interruptions of an Application will occur from time-to-time for many reasons, such as when mobile coverage is not available from your wireless carrier and outages and periodic maintenance experienced/performed by Smarter Agent or your wireless carrier.
      
      
21. Limitation of Liability. To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Smarter Agent be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Services even if Smarter Agent or any third party has been advised of the possibility of such damages.
    
    
22. Severability. If any provision of these Terms are 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 the Terms, (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 in these Terms, and (iii) such finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction.
    
    
23. Indemnity. You agree to indemnify, defend and hold Smarter Agent, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorney's fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with the Services.
    
    
24. Children. The Websites are a general audience sites, although they may contain information that may be of interest to children. However, Smarter Agent does not seek through this website to gather personal information from or about persons under the age of 13.
    
    
25. Other.If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or via a letter to Smarter Agent LLC, Waterfront Technology Center, 200 Federal Street, Suite 300, Camden, NJ 08103. We will endeavor to respond to you promptly

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, Realtorsâ„¢ 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 Realtorâ„¢ 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 Realtorâ„¢, 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 Realtorâ„¢. 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 Realtorâ„¢ 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 Realtorsâ„¢, which allows any real estate broker in an area to post all the listings on their web site, no matter what Realtorâ„¢ actually has the listing. VOW, or Virtual Office Sites, are sites run by Realtorsâ„¢ 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.