DAVID ACOSTA REAL ESTATE GROUP AND Keller Williams Realty
DAVID ACOSTA REAL ESTATE GROUP LLC and Keller Williams Realty, Inc. (“Keller Williams”) operates the web site at http://www.david-acota.com (“Site”). We respect the privacy of each user of the Site (referred to as “you”), whether you are just beginning your real estate search or have previously visited our Site. This Privacy Statement gives you specific information about how we protect your privacy, how we treat your Personal Information, and how we use aggregated information.
BY REGISTERING FOR OR USING THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY STATEMENT. IF YOU DO NOT AGREE TO THIS PRIVACY STATEMENT, YOU CANNOT USE THE SITE. We reserve the right to modify this statement at any time by posting a notice on the Site’s home page. (If we consider it appropriate, we may also provide additional notice of significant changes.) Your use of the Site after the date of the last modification listed at the beginning of this Privacy Statement indicates to us that you agree to the changes.
Scope of this Privacy Statement
This Privacy Statement applies to your use of this Site only. We do not own, operate or control the web sites of our Franchisees or sales associates. Accordingly, this Statement does not apply to a Franchisee’s or sales associate’s web site or to a Franchisee’s or sales associate’s collection, use, storage and disclosure of your Personal Information.
The Site contains links to third-party web sites, including a mortgage company, our independent Franchisees, our advertisers, or banner advertising. When you click on those links, you will go to a third-party site where you will be subject to that site’s privacy statement and we encourage you to read that policy statement. Please be aware that we are not responsible for the privacy practices of those other web sites and we expressly disclaim any liability for their actions, including actions relating to the use and disclosure of Personal Information by those third parties.
1. What is Personal Information?
Personal Information is information collected online by David Acosta Real Estate Group LLC. and Keller Williams Realty that identifies the person, to whom such information pertains, including without limitation: name, address, telephone number, and e-mail address.
2. Collection and Use of Your Information
(a). Personal Information
We collect your Personal Information on the Site in order to enhance the services we offer you. We collect Personal Information from you only when you voluntarily submit it in order to obtain certain services or information. The instances where you may provide David Acosta Real Estate Group LLC.and Keller Williams Realty with Personal Information, and how David Acosta Real Estate Group LLC. and Keller Williams Realty uses it, are as follows:
Registration for Personalized Services
If you wish to use David Acosta Real Estate Group LLC.and Keller Williams Realty’s personalized services, you will be asked to create an account in david-acosta.com. The process of creating this account necessitates that you provide Personal Information about yourself. This information is only used in connection with your david-acosta.com account.
Requests for Periodic Industry Updates
If you request Periodic Industry Updates, we collect Personal Information, which is submitted directly to our web hosting services vendor’s system to create automatic e-mails to people who choose to subscribe. The information we collect is not used in any other way and is not retained once you end your subscription to Periodic Industry Updates.
Requests to Find or List a Property and to Find a Sales Associate
If you submit a request through this Site to find or list a property or to find a sales associate (including a relocation specialist), you will be asked to provide Personal Information and we refer this information to Franchisees or sales associates to respond to your request. For example, if you ask that we list your property or if you ask to see more listings in a given area, you will be directed to a Franchisee in that area.
If you contact us, we collect Personal Information, which is retained or referred to the proper individual depending on the nature of your inquiry. If you are looking for a property or a sales associate, it is referred to a Franchisee or sales associate; if your inquiry or complaint requires a response from us, it is referred to the appropriate department for research and a response; if you are looking for information about franchising opportunities, it is referred to our Franchise Sales Operations team. The information we collect is not used in any other way.
Refer a Listing to a Friend
If you choose to send a listing to a friend, you will be asked to provide the friend’s name and email address in order to personalize the email and to send the email. We do not store this information, and the information is used only to send the one-time referral email.
(b). Non-Personal Information
Even if you do not send us any Personal Information, we collect information about how you use our site (“Non-Personal Information”). This information cannot be used to identify you personally and is explained in more detail below.
What is Non-Personal Information?
Like many sites, we obtain Non-Personal Information, such as: IP (internet protocol) addresses, browser types, the name of a user’s ISP (internet service provider), information about where a user comes from before arriving at our Site, what pages a user visits, the order of those pages, and the amount of time spent on each. A vendor performs this service for us by sending a cookie to gather this information, compile it, and report to us.
Use of Non-Personal Information
We use Non-Personal Information to customize the advertising and content you see, improve our services, conduct research, and provide anonymous aggregated reporting for internal audits and third-parties.
(c). Use of Information With Respect to Third Parties
We reserve the right to share your Personal Information with our affiliated companies and marketing partners, as permitted by law, in order to fulfill our commitment of providing you with full service real estate brokerage services.
We do share your Personal Information under the following circumstances:
1. Third party vendors we engage to provide services on our behalf, such as hosting, web-site development, and support, have access to Personal Information, but they have agreed not to disclose the Personal Information or to use it for any purpose other than providing the requested services.
2. There may arise special circumstances where it is necessary for us to disclose and use Personal Information and Non-Personal Information, such as: to enforce this Privacy Statement or any other part of our Terms & Conditions; to protect our property or rights; to protect the safety of anyone; to investigate, prevent, or take action regarding possible illegal or improper activities; to carry out a merger or consolidation with another entity, a sale or transfer of some or all of our assets, or any similar transaction; or for other reasons we determine in good faith are necessary, appropriate, or required by law, such as when we respond to subpoenas, court orders, or other legal or administrative process, or in coordination with law enforcement.
3. Advertising Networks
We send to your web browser some of the advertisements you see when you use our network of web sites. However, we also allow other companies, called third-party ad servers or ad networks, to serve advertisements within our web pages. Because your web browser must request these advertising banners from the ad network web site, these companies can send their own cookies to your cookie file, just as if you had requested a web page from the web site. Please note that if an advertiser asks us to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed sports content) and you respond to that ad, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. As always, remember we authorize our third-party ad servers to employ anonymous cookies only for ad delivery and anonymous targeting. Our third-party ad servers do not collect, nor do we give them access, to any Personal Information about you.
Opting Out of Third-Party Ad Servers
If you want to prevent a third-party ad server from sending and reading cookies on your computer, currently you must visit each ad network’s web site individually and opt out (if they offer this capability).
4. Location of Servers and Transfer of Information to the United States
The Site is hosted by servers in the United States, and, as such, the Site is governed by United States law. If you are located outside of the United States, your Personal Information will be transferred to the United States. By submitting your Personal Information, you consent to its transfer to the United States and to its storage, processing, and use there in accordance with this Privacy Statement and United States law.
Our hosting service maintains its systems in accordance with reasonable industry standards to reasonably secure the information of its customers against unauthorized access, accidental or intentional manipulation, and loss. However, no data transmission over the Internet can be guaranteed to be 100% secure, and you use the Site at your own risk.
This Site is not directed to children under the age of 13 (“Children”), and we do not knowingly collect any information, including Personal Information, from Children.
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WHAT YOU SHOULD KNOW
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by David Acosta Real Estate Group LLC and Keller Williams, 6006 N Mesa Ste 110, El Paso, TX 79912. All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyright, trademark, service mark, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by David Acosta Real Estate Group LLC and Keller Williams or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to David Acosta Real Estate Group LLC and Keller Williams. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of David Acosta Real Estate Group LLC and Keller Williams or the Providers. You may request consent by faxing a request to David Acosta Real Estate Group LLC and Keller Williams at 915-500-1100. Without the prior written consent of David Acosta Real Estate Group LLC and Keller Williams or the Providers, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of the coldwellbanker.com and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to David Acosta Real Estate Group LLC and Keller Williams that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. David Acosta Real Estate Group LLC and Keller Williams retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without prior written consent of David Acosta Real Estate Group LLC and Keller Williams.
You are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, emailing or otherwise transmitting any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Our Web pages, or the Content without Our prior written permission, provided that generally available third party Web browser such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.
This Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under David Acosta Real Estate Group LLC and Keller Williams’s control, and David Acosta Real Estate Group LLC and Keller Williams is not responsible for, and does not endorse, such content, whether or not David Acosta Real Estate Group LLC and Keller Williams is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by David Acosta Real Estate Group LLC and Keller Williams, or its affiliates or Providers.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, Keller Williams DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER Keller Williams, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. Keller Williams DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT Keller Williams) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER Keller Williams, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Keller Williams AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Keller Williams IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, Keller Williams LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless David Acosta Real Estate Group LLC and Keller Williams and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of David Acosta Real Estate Group LLC and Keller Williams and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Unless otherwise specified, the Content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by David Acosta Real Estate Group LLC and Keller Williams from its offices within El Paso, TX. David Acosta Real Estate Group LLC and Keller Williams makes no representation that Content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site 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. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or David Acosta Real Estate Group LLC and Keller Williams brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located in and for El Paso and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed sever able from these Terms and shall not affect the validity and enforceability of any remaining provisions.