TERMS AND CONDITIONS OF SERVICE
Welcome and thank you for your interest in soCommercial ( “us,” “our,” “we,” or
“Company”). By clicking a registration or new account submission button, or by otherwise
using our website, network, mobile applications, or other services provided by
soCommercial (collectively, our “Services”), or accessing any content provided by us
through our Services, you agree to be bound by the following terms of use, as updated from
time to time (the “Terms of Use”). These Terms of Use apply to your use of soCommercial’s
Services. They constitute a legal contract between you and soCommercial, and by
accessing or using any part of our Services you agree to be bound by these Terms of Use and
represent and warrant that you have the right, power and authority to agree to be bound by
these Terms of Use.
1. Permitted UsesSubject to the
restrictions set forth below, you may use our Services to view listings for the lease or
sale of commercial real estate (“Listings”) and to create and publish Listings for
properties owned, controlled or represented by you for inclusion in, and for marketing on,
the soCommercial website. By listing a property with soCommercial you warrant
and represent that your property is permitted to be used as a commercial space by applicable
municipal, state, or federal law.
(b) Where your Listing on the Website incorporates Company Information, you are granted a
limited, revocable, and non-sub-licensable license to use such Company Information strictly
in connection with your Listing on our website.
(c) You may, in the ordinary course of business, provide a hyperlink to our website or to any
Listings therein provided that you must remove such hyperlink upon our request and no such
hyperlink may be included in any website or application of a competitor of Company.
2. Prohibited UsesExcept as specifically
set forth in the “Permitted Uses” section above, you shall not:
- copy, export, or store any portion of our Services into any database or software
program; or
- distribute, modify, reproduce, or otherwise create derivative works from our Services;
- disassemble, or reverse engineer any portion of our Services;
- remove or modify any copyright, trademark, or other intellectual property notices that
appear in our Services;
- infringe any copyright, trademark, patent, trade secret, or other proprietary right of
ours or any other party;
- use our Services in any way that is unlawful, or harms the Company, our service
providers, suppliers, affiliates, or any other user;
- use our Services in any way to discriminate against any individual or class of
individuals protected under federal or state laws, or which otherwise promotes illegal,
racist or discriminatory activities;
- distribute unsolicited messages or spam through our Services;
- use our services in any way that is unlawful, abusive, harassing, misleading, obscene,
violative of any rights of any party, or is otherwise objectionable in our sole
discretion;
- impersonate another person or entity, misrepresent your affiliation with another person
or entity, or make any representation to any third party under false pretenses;
- use our Services to market properties or otherwise communicate with contacts acquired
from our Services without obtaining the appropriate consents as required by applicable
law;
- use our Services if you are a competitor of soCommercial or provide any aspect of
our Services to any competitor of soCommercial;
- use any portion of our Services in connection with any other listing service;
- expose our Services or any user to software viruses or any other computer code or
programs that have the capability to damage, improperly access, or disable any aspect of
our Services or the activities of other users of our Services or of any equipment used
by us or other users;
- post, reproduce, publicly display, or otherwise make accessible any content, which we,
in our sole discretion, consider illegal, offensive or objectionable including without
limitation content that harasses, discriminates, demeans, threatens or disparages any
individual or class of individuals;
- interfere with, or compromise the system integrity or security of the Services, or
otherwise bypass any measures we may use to prevent or restrict access to the Services;
- conduct automated queries (including scraping, spiders, robots, crawlers, or any other
automated activity) with the purpose of obtaining information from our Services;
- use any portion of our Services in a manner that would violate any federal, state, or
municipal, law, code, regulation, ordinance, or rule, including but not limited to those
relating to or governing advertising, real estate brokers, real estate realtors,
mortgage brokers, landlord/tenant relationships, defamation, fraud, securities, spam and
privacy.
- use our Services in a manner or purpose for which they are not intended;
- use any of soCommercial’s trademarks as part of your screen name or email address on the
Services;
- access or use any of the Services to develop competitive products or services; or
- attempt to, or permit or encourage any third party to, do any of the above prohibited
activities.
3. Disclaimer/No Warranties/No Advice
YOU UNDERSTAND AND AGREE THAT OUR SERVICES ARE PROVIDED “AS IS” AND THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU FURTHER ACKNOWLEDGE
AND AGREE THAT THE ENTIRE RISK AS TO QUALITY, PERFORMANCE, AND ACCURACY REGARDING ANY
PROPERTY VIEWED OR LISTED ON OUR SERVICES IS YOURS AND THAT WE ARE NOT RESPONSIBLE FOR AND
DO NOT GUARANTY OR WARRANT ANY ASPECT WHATSOEVER OF ANY PROPERTY VIEWED OR LISTED ON OUR
SERVICES INCLUDING BUT NOT LIMITED TO CONDITION, MERCHANTABILITY, HABITABILITY, FITNESS FOR
A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, THE EXISTENCE OF ENCUMBRANCES, THE
EXISTENCE OF LIENS, ZONING, AND NON-INFRINGEMENT. NO INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU THROUGH OUR SERVICES OR ANY MATERIALS AVAILABLE THROUGH OUR SERVICES WILL
CREATE ANY WARRANTY REGARDING ANYTHING THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE.
YOU FURTHER AGREE AND ACKNOWLEDGE THAT OUR SERVICES ARE NOT INTENDED TO PROVIDE YOU WITH ANY
REAL ESTATE, FINANCIAL, OR LEGAL ADVICE OR RELATED ADVICE OF ANY KIND.
IN ADDITION, WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF OUR
OBLIGATIONS UNDER THESE TERMS OF USE DUE TO FORCE MAJEURE EVENTS INCLUDING BUT NOT LIMITED
TO ACTS OF GOD, NATURAL DISASTERS, GOVERNMENT ACTIONS, WARS, ACTS OF TERRORISM, LABOR
DISPUTES, PANDEMICS, POWER OUTAGES, INTERNET OR TELECOMMUNICATIONS FAILURES OR OTHER EVENTS
THAT COULD NOT HAVE BEEN ANTICIPATED OR AVOIDED THROUGH THE EXERCISE OF REASONABLE
DILIGENCE.
YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR
SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS AVAILABLE THROUGH OUR
SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES ARE AT YOUR OWN DISCRETION
AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING
YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF
DATA THAT RESULTS FROM THE USE OF OUR SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS
THAT VARY FROM JURISDICTION TO JURISDICTION.
4. Limitation of Liability/Exclusive
Remedy.
YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, SPECIAL PUNITIVE) INCLUDING FOR LOSS OF PROFITS,
GOODWILL, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE
OR ACCESS, OR INABILITY TO USE OR ACCESS, OUR SERVICES OR ANY MATERIALS ON OUR SERVICES,
WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE, ERROR, PERSONAL INJURY, OR ANY OTHER THEORY
OF RECOVERY OR CAUSE OF ACTION OF ANY NATURE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE
EVENT WE ARE FOUND LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE USE OR INABILITY
TO USE OUR SERVICES, WHETHER IN TORT OR CONTRACT, OUR LIABILITY TO YOU IS LIMITED TO THE
GREATER OF: (1) THE AMOUNT YOU HAVE PAID US TO USE OUR SERVICES IN THE 12 MONTHS PRIOR TO
THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR (2) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE
TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR
EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER
THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE
LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL
PURPOSE.
5. Termination or Suspension of Services
a) You acknowledge and agree that soCommercial may suspend or terminate your access to
our Services at any time in our sole discretion.
If your termination is due to your breach of any provision of these Terms of Use,
soCommercial’s remedies shall include any and all relief available at law or in
equity. You acknowledge that any breach of these Terms of Use will cause irreparable harm
and injury to Company for which there is no adequate remedy at law, and therefore in
addition to all other remedies available at law or in equity, you agree that soCommercial
shall be entitled to injunctive relief against you. We shall be entitled to recover all
attorney’s fees and costs we incur in enforcing any term of these Terms of Use. In addition,
you acknowledge and agree that if you violate any term of these Terms of Use you will be
precluded from enforcing these Terms of Use or any similar contract, asserted to be binding
upon soCommercial. If you violate any provision of these Terms of Use, your permission to
use our Services will terminate automatically.
(b) We update and change our Services from time to time, and we reserve the right at any time
to modify or discontinue, temporarily or permanently, our Services or any part thereof
without notice; you agree that soCommercial shall not be liable to you or to any
third party for any modification, suspension or discontinuance of our Services. Your
continued use of the Services after any updates are effective will represent your agreement
to the revised version of the Terms of Use and will constitute acceptance of, and agreement
to, any such changes. You waive any right you may have to receive specific notice of such
changes to these Terms of Use. You are responsible for regularly reviewing these Terms of
Use.
(c) Upon any termination of our Services, you shall permanently destroy all elements of our
Services within your possession or control. Upon our request, you shall provide us with
written certification of your compliance with the terms of this paragraph.
In addition, we may, in our sole discretion, suspend, or terminate your access to your
account and the Services at any time for any reason, with or without notice. We may alter,
suspend, or discontinue our Services or any portion of our Services without notice. We will
not be liable whatsoever for any change to the Services or any suspension or termination of
your access to, or use of the Services.
6. User Materials.
- A. UGC Definition; License Grant.Certain portions of the Services may allow users
to upload or otherwise provide images, photos, video, data, text, listings, and other
content (“User Materials”) on our Services. By providing User Materials to or on our
Services, you grant us an irrevocable, perpetual, royalty-free worldwide license to: (i)
use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit,
modify, prepare derivative works of or incorporate into other works, and translate your
User Materials, in connection with our Services or in any other media; and (ii)
sublicense these rights, to the maximum extent permitted by applicable law. We will not
pay you for your User Materials or to exercise any rights related to your User Materials
set forth in the preceding sentence. We may remove or modify your User Materials at any
time. You are solely responsible for all User Materials made through your user
account(s) on our Services or that you otherwise make available through the Services and
will ensure that all User Materials conform with these Terms of Use. For all User
Materials, you represent and warrant that you are the creator and owner of the User
Materials, or have the necessary licenses, rights, consents, and permissions (including
all permissions required under applicable privacy and intellectual property law) to
authorize the us and other users to access and use your User Materials as necessary to
exercise the licenses granted by you under these Terms of Use.
- B. UGC Disclaimer.We are under no obligation to edit or control your User
Materials or the User Materials of any other User and will not be in any way responsible
or liable for any User Materials. We may, however, at any time and without prior notice,
remove or edit any User content on our Services, including User Materials, that in our
sole judgment violates these Terms of Use or we find otherwise objectionable in our sole
discretion. You understand that when using our Services, you may be exposed to User
Materials of other users and acknowledge that User Materials may be inaccurate,
offensive, or objectionable. You agree to waive, and do waive, any legal or equitable
remedy you may have against us with respect to User Materials. We expressly disclaim any
and all liability in connection with User Materials. If notified by a user or content
owner that User Materials allegedly do not conform with these Terms of Use, we may
investigate the allegation and determine in our sole discretion whether to remove those
User Materials, which we reserve the right to do at any time and without notice.
7. Third Party/Linked Services/Sent
information.
A. Generally. Our Services may include links to third-party products, services, and
websites, as well as materials provided by third parties, and may include functionality that
allows for the distribution of your User Materials or your personal information
(collectively, your “User Information”) to third parties not under our control (each, a
“Third-Party Provider”). Third-Party Providers are solely responsible for their services.
You are responsible for your use and submission of User Information to any third party, and
your dealings or business conducted with any third party arising in connection with our
Services are solely between you and such third party. Your use of third-party sites,
services, or products may be subject to associated third-party terms of use and privacy
policies or other agreements, which you are solely responsible for complying with. We do not
endorse, and take no responsibility for such products, services, and materials, or a
Third-Party Provider’s use of your User Information. By allowing User Information to be
transferred, you agree that we may transfer the applicable User Information or other
information to the applicable third-parties, which are not under our control. If you submit
a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you
may receive telemarketing phone calls from the Third-Party Provider using the contact
information you provided. Third-Party Providers may keep your contact information and any
other information received by the Third-Party Provider in processing a contact or other
request form. We are not responsible for any damages or costs of any type arising out of or
in any way connected with your dealings with these third parties.
B. Certain Third-Party Services.
(i) Referrals and Lead Sales. As part of our Services, you may be connected with
a real estate professional. You authorize us to make such referral or lead sale and
acknowledge that we may be paid valuable consideration for facilitating such connection.
As part of the Services, you may be connected to a party that provides mortgage loan
origination services, title and escrow services, or other settlement services. If any of
these parties have an affiliated relationship with us, then we may receive a financial
or other benefit from the referral between such affiliates
(ii) Non-Affiliated Financial Products. If you choose to contact a non-affiliated
bank, mortgage lender, financial institution, mortgage loan originator, loan broker, or
other mortgage professional through our Services by filling out a contact, other request
form or otherwise indicating your interest in contacting (or being contacted by) a
Third-Party Provider (including requests for mortgage rate quotes) on the Services, you
authorize us to provide the information you submit to the Third-Party Provider. If you
include your name, contact information and other information in a request, your identity
will no longer be anonymous to the Third-Party Provider. Your submission of information and
any request for quotes through our Services is not an application for credit. In the case of
non-affiliated financial products, we are only providing an administrative service to
consumers and participating Third-Party Providers. Loan approval standards are established
and maintained solely by individual Third-Party Providers. Decisions in any related
non-affiliated transactions are made by participating Third-Party Providers and are not made
by us and we are not responsible for the decisions of any Third-Party Provider. Any
non-binding quotes provided by Third-Party Providers’ financial products are not intended to
be official Loan Estimates as defined in the Real Estate Settlement Procedures Act or the
Truth in Lending Act, or to otherwise serve as a disclosure of any specific loan terms or
conditions under any state or federal law. Interest rates displayed through the Services are
for informational purposes only and reflect non-binding quotes of the terms a Third-Party
Provider might offer an applicant fitting a consumer’s anonymous profile. Actual interest
rates may vary. Consumers should rely on their own judgment in deciding which available loan
product, terms, and Third-Party Provider best suit their needs and financial means. Except
as set forth above or as otherwise disclosed to you or provided in other Product’s Terms,
we: (a) are not a Third-Party Provider, loan originator, loan processor or underwriter; (b)
do not aid or assist applicants in obtaining loans, soliciting applicants or Third-Party
Providers for loans, or offer or negotiate terms of applications or loans; (c) do not take
mortgage applications, make loans or credit decisions, or prequalify or preapprove
applicants for loans; (d) are not an agent of either any consumer or any Third-Party
Provider; (e) do not endorse, refer, or recommend any Third-Party Provider that pays us, or
the products of any Third-Party Provider that pays us; (f) are not responsible for any
errors or delays caused by consumers or any Third-Party Provider in the loan process; and
(g) do not guarantee offer of, or acceptance into, any particular loan program or specific
loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms
will be the best available.
(iii) Rental Products.We do not process, or store background or credit check
information related to our rental products and do not control how a landlord uses background
or credit check information in evaluating applications submitted to them. We do not
guarantee any acceptance by a landlord of an application but do require all landlords using
our Services to comply with the Fair Housing Act and other applicable laws.
8. Intellectual Property.Our Services are
owned and operated by soCommercial. The design, interfaces, information, code, data,
products, graphics, software, and all other elements of our Services that we provide are
protected by intellectual property laws and are the property of soCommercial. Except
as expressly allowed by these Terms of Use, you may not make use of our Services not granted
expressly in these Terms of Use
9. Feedback.If you choose to provide
comments or suggestions regarding our Services, then you hereby grant us an unrestricted,
irrevocable, fully-paid, royalty-free right to use the Feedback in any manner and for any
purpose, including to improve the Services or create other products and services.
10. DMCA; Claims of Copyright
Infringement.. Anyone who believes that their work has been reproduced on our
Services in a way that constitutes copyright infringement may notify our copyright agent in
accordance with Title 17, United States Code, Section 512(c)(2), by providing the following
information:
- (i) Identification of the copyrighted work that you claim has been infringed;
- (ii) Identification of the material that you claim is infringing and needs to be
removed, including a description of where it is located on the Services so that the
copyright agent can locate it;
- (iii) Your address, telephone number, and, if available, e-mail address, so that the
copyright agent may contact you about your complaint; and
- (iv) A signed statement that the above information is accurate; that you have a good
faith belief that the identified use of the material is not authorized by the copyright
owner, its agent, or the law; and, under penalty of perjury, that you are the copyright
owner or are authorized to act on the copyright owner’s behalf in this situation.
- Notices of copyright infringement claims should be sent as follows:
- o By Mail:
- soCommercial.
- 1133 Normandy Drive
- Miami Beach, Florida 33141
- Attention: Copyright Agent
- o By Email:
-
oIf you give notice of copyright infringement by e-mail, we may begin investigating
the alleged copyright infringement; however, we must receive your signed statement
by mail or as an attachment to your e-mail before we are required to take any
action.
11. Deactivation /Changes to
Agreement.You may deactivate your account at any time by selecting “delete account”
in your account settings. You can delete your account and all your account data by
submitting a request to “delete your data” at info@socommercial.com. 45 days to comply. If
you delete your account, you remain obligated to pay all outstanding fees, if any, incurred
prior to deletion relating to your use of our Services.
12. Privacy Policy/Other Terms.
- A. Privacy Policy. We will collect, use, store, and disclose personal information
in accordance with our Privacy Policy. Please consult your Privacy Policy for more
information, which is incorporated into, and made a part of, these Terms of Use.
13. Indemnification.You agree to
indemnify, defend, and hold harmless soCommercial, our affiliates, and our respective
directors, officers, employees, and agents from any and all claims and demands made by any
third party due to or arising out of: (a) your access to or use of the Services; (b) your
breach of these Terms of Use; (c) your violation of any law; (d) any dispute or issue
between you and any third party; (e) any User Materials you upload to, or otherwise make
available through, our Services; (f) your willful misconduct; and (g) any other party’s
access to or use of the Services using your account and password. We reserve the right, at
our own expense, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, and in that case, you agree to cooperate with our defense of that
claim.
14. Choice of Law; Disputes; Pre-Suit
Notice. . These Terms of Use are governed by the laws of the State of Florida,
without giving effect to its conflict of laws provisions. You agree to submit to the
personal and exclusive jurisdiction and venue in the state and federal courts sitting in
Miami-Dade County, Florida for all disputes, claims, and actions arising from or in
connection with our Services or otherwise under these Terms of Use. We operate our Services
from our offices in Florida, and we make no representation that the Services are appropriate
or available for use in other locations.
YOU MUST NOTIFY US OF ANY CLAIMS OR POTENTIAL CLAIMS YOU MAY HAVE AGAINST US AND PROVIDE US
WITH NINETY (90) DAYS TO CURE OR RESOLVE YOUR CLAIMS PRIOR TO INITIATING ANY LAWSUIT AGAINST
US IN ANY FORUM. YOU ACKNOWLEDGE AND AGREE THAT COMPLIANCE WITH THIS 90-DAY NOTICE PROVISION
IS A CONDITION PRECEDENT TO THE FILING OF ANY LAWSUIT AGAINST US IN ANY FORUM.
NOTICE OF CLAIMS MUST BE SUBMITTED AS FOLLOWS
- o By Mail:
- soCommercial.
- 1133 Normandy Drive
- Miami Beach, Florida 33141
- Attention: Copyright Agent
- o By Email:
-
oIf you give notice of copyright infringement by e-mail, we may begin investigating
the alleged copyright infringement; however, we must receive your signed statement
by mail or as an attachment to your e-mail before we are required to take any
action.
IF BY EMAIL, THE SUBJECT LINE OF YOUR EMAIL MUST STATE: “NOTICE OF CLAIM”.
15. General.If any part of these Terms of
Use is determined to be invalid or unenforceable, then that provision will be replaced with
a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of these Terms of Use will continue in effect. Further, if any
part of these Terms of Use is determined to be invalid or unenforceable, the remainder of
the Terms of Use will remain in effect. The section titles in these Terms of Use are used
solely for the convenience of the parties and have no legal or contractual significance. We
may assign this Agreement, in whole or in part, at any time with or without notice to you.
You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if
any, in our Services. Our failure to act with respect to a breach does not waive our right
to act with respect to subsequent or similar breaches. Except as expressly stated herein,
these Terms of Use, and all expressly incorporated terms and agreements, constitute the
entire agreement between you and soCommercial with respect to our Services and supersede all
communications of any kind between you and soCommercial. The following sections of these
Terms of Use shall survive any termination of these Terms of Use: 3, 5-8, 10-12, and 14-22.
Doesn’t invalidate entire agreement
16. Consent to Communications.By using
the Services, you consent to receiving certain electronic communications from us as further
described in the Privacy Policy. Please read our Privacy Policy to learn more. You agree
that any notices, agreements, disclosures, surveys, or other communications that we send to
you electronically will satisfy any legal communication requirements, including that those
communications be in writing.
17. Notice to California Residents. If
you are a California resident, under California Civil Code Section 1789.3, you may contact
the Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento,
California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint
regarding our Services or to receive further information regarding use of our Services.
18. Contact Information. soCommercial.may
be contacted via mail at 1133 Normandy Drive, Miami Beach, FL 33141 or via email at
info@soCommercial.com.
19. Notice to Apple Users.If you are
using our mobile applications on an iOS device, the terms of this Section 19 apply. You
acknowledge that these Terms of Use are between you and soCommercial only, not with
Apple, and Apple is not responsible for our Services or related Materials. Apple has no
obligation to furnish any maintenance or support services with respect to our Services. If
our Services fail to conform to any applicable warranty, you may notify Apple and Apple will
refund any applicable purchase price for the mobile application to you; to the maximum
extent permitted by applicable law, Apple has no other warranty obligation with respect to
the Services. Apple is not responsible for addressing any claim by you or any third party
relating to our Services: (a) product liability claims; (b) any claim that the Services fail
to conform to any applicable legal or regulatory requirement; and (c) claims arising under
consumer protection or similar legislation. Apple is not responsible for the investigation,
defense, settlement or discharge of any third-party claim that the Services or your
possession and use of the mobile application infringe that third party’s intellectual
property rights. You agree to comply with any applicable third-party terms when using the
Services. Apple and Apple’s subsidiaries are third party beneficiaries of Section 19 of
these Terms of Use, and upon your acceptance of these Terms or Use, Apple will have the
right (and will be deemed to have accepted the right) to enforce this Section 19 of these
Terms of Use against you. You hereby represent and warrant that: (i) you are not located in
a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740
Supplement 1, Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not
listed on any U.S. Government list of prohibited or restricted parties.
15. General. If any part of these Terms of Use is determined to be invalid or unenforceable, then that provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. Further, if any part of these Terms of Use is determined to be invalid or unenforceable, the remainder of the Terms of Use will remain in effect. The section titles in these Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in our Services. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and soCommercial with respect to our Services and supersede all communications of any kind between you and soCommercial. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 5-8, 10-12, and 14-22. Doesn’t invalidate entire agreement
16. Consent to Communications. By using the Services, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read our Privacy Policy to learn more. You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
17. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding our Services or to receive further information regarding use of our Services.
18. Contact Information. soCommercial may be contacted via mail at 1133 Normandy Drive, Miami Beach, FL 33141 or via email at info@soCommercial.com.
19. Notice to Apple Users. If you are using our mobile applications on an iOS device, the terms of this Section 19 apply. You acknowledge that these Terms of Use are between you and soCommercial only, not with Apple, and Apple is not responsible for our Services or related Materials. Apple has no obligation to furnish any maintenance or support services with respect to our Services. If our Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to our Services: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of Section 19 of these Terms of Use, and upon your acceptance of these Terms or Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 19 of these Terms of Use against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1, Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Privacy policy / privacy notice
This Privacy Notice describes the types of Personal Information we collect and our practices
for using, maintaining, sharing, and protecting it. It also describes the rights you may
have with respect to your Personal Information and how you may contact us about our privacy
practices. Our privacy practices may vary among the states or countries in which we operate
to comply with local legal requirements. By using our products and services, you consent to
the collection, storage, use, and disclosure of your Personal Information as described in
this Privacy Notice.
This Privacy Notice applies to soCOMMERCIAL and any of our websites, products,
services, or mobile applications we currently own, or in the future may own or control, to
which this Privacy Notice is posted (collectively, “Services”).
When using our Services, you may choose to interact with third parties that operate
independently from soCOMMERCIAL. We have no control over and is not responsible for
the privacy practices of such third parties and this Privacy Notice does not apply to those
third parties or their websites or services.
Children Under 16
Our Services are not intended for children under 16 years of age, and we do not knowingly
collect Personal Information from children under 16. If you are under 16, do not use or
provide any information on the Services, register, or make any purchases. If we learn we
have collected or received Personal Information from a child under 16 without verification
of parental consent, we will delete it. If you believe we might have any information from or
about a child under 16, please contact us (see below).
“Personal Information” means any information directly or indirectly relating to an identified
or identifiable individual. Personal Information may not include de-identified or aggregate
information, certain publicly available information, or information covered by other legal
frameworks.
Examples of Personal Information are:
- Contact information for yourself or others you share with us (name, email address,
mailing address, phone numbers);
- Gender, date of birth, language preferences;
- Business and employment information, including contact information;
- Username and password;
- Any photos you share with us, including any photos for facial recognition or biometric
purposes;
- Username, biography and other information you share on social media;
- Log on activity and search activity or history;
- IP address, location, and information regarding your browser or operating system;
- Credit card or other financial information;
- Identification information such as social security, driver’s license number, or vehicle
registration information;
- Past properties, goods, or services purchased through our Services.
Additionally, we may collect any other information that you choose to share with us on the
Services. We may use this information and the other information identified in the above
table to draw inferences about you regarding your preferences, characteristics, or behavior.
Biometric and Geolocation Information
Some of our Services may require or request you to opt-in to soCOMMERCIAL collecting photos,
facial geometry, and geolocation information from you when you log in. We use geolocation
information to provide you with relevant information that you have requested, such as local
searches for rental properties and corresponding maps or directions. If you don’t want to
use these features, you can turn off or disable location services on your device or browser.
We may also use this geolocation, biometric, or facial geometry information to verify you as
the user of our Services. We will securely store this information on servers located in the
United States, and this information will only be accessed by authorized soCOMMERCIAL
employees. We will retain this information until the purpose for collecting such information
has been satisfied or within three years, whichever occurs first. If you have questions
regarding our use of biometric or geolocation information, please contact us (see below).
1. Collection of Personal Information
We may collect Personal Information using the following methods:
- Directly from you when you provide it to us, or to others through the Services. This
includes information you enter into web forms or chatbots, information you provide in
phone calls, video conferences, subscription agreements, and contracts or other content
you submit to the Services.
- Through your participation in conferences, research, focus groups, surveys, promotions,
and contests, whether operated by us or our vendors or business partners.
- From references or sources that you provide or are publicly available online or in other
formats, such as brochures, property listings, public records, or industry groups. In
addition to sources you may provide, this includes parties such as other property
owners, tenants, landlords, agents, managers, or developers.
- From third-party vendors including data analytics and email marketing service providers.
- Automatically through tracking technologies (such as cookies, web beacons, or log
files), including over time and across third-party websites or other online services.
For more information about how we use Personal Information collected through tracking
technologies and the ways you may be able to manage it, see Use of Personal Information
Below and our Cookie Policy.
2. Use of Personal Information
We may use your Personal Information for the following purposes:
- Providing you with or otherwise facilitating the Services, or specific products or
services requested through the Services.
- Communicating with you.
- Authenticating use, detecting potential fraudulent use, and otherwise maintaining the
security of the Services.
- Creating and maintaining a customer relationship management system and member
directories.
- Developing, improving, and demonstrating the Services.
- Carrying out our legal and contractual obligations and enforcing our rights, including
tax preparation and billing.
- Aggregating information for analytics and reporting.
- Advertising, marketing, and selling our Services, including linking together or merging
Personal Information with other Personal Information so that we may better inform you
about our Services and those of our partners.
- Administering or enrolling you in, or facilitating your participation in recreational or
educational activities; surveys or questionnaires; promotions or any other services,
events, or activities sponsored by us or third parties, or offered in connection with
our Services.
- Short-term transient use, as defined in the California Consumer Privacy Act.
- Training and quality assurance.
- For any other purpose with your consent.
For more information about how we use Personal Information collected through tracking
technologies and the ways you may be able to manage it, see Use of Personal Information
Below and our Cookie Policy.
Online Advertising
When you use our Services, we and third parties may use cookies and other tracking technologies to collect information, including Personal Information, to help us target content to you on our Services or elsewhere. This information may be associated with other information or combined with information from other sources, including information these third parties might track about your online activities over time and across the Internet. Third parties use this information to provide interest-based advertising on our behalf, which may include placing our advertisements on other websites you visit, including your social media accounts, or matching a cookie or device ID to your email address so we can send you promotional emails that may be of interest to you.
To make informed choices about targeted advertising, see Managing Your Personal Information below.
Automated Decision-Making
We may use an automated process to identify properties that may be of interest to you and to bring these to your attention. We may do this by reviewing your activity when using our Services based on properties you browse, searches you conduct, and your location.
3. Disclosure of Personal Information
We may disclose Personal Information:
- To other entities within soCOMMERCIAL’s group of companies, business or distribution partners, and service providers.
- To other soCOMMERCIAL customers to the Services, such as a listing agent when you visit their profile page, indicate an interest in a particular listing, or submit a bid or request for more information.
- To other soCOMMERCIAL customers within the context of any directories or inventories we may provide on the Services or that you opt into.
- To other soCOMMERCIAL customers within the Services within the context of our content sharing or messaging features, or other community forum or pages offered through the Services. Please exercise caution when sharing within our Services, and do not include information that you do not wish to make public.
- To third parties with whom you choose to share content on our Services or otherwise refer to our Services.
- With background check providers and/or consumer credit reporting agencies.
- To third parties when you use a third-party feature in our Services. This may include social media networks when you share content through those networks or use a social media account to log in to our Services.
- To enforce our Terms of Use and other agreements or comply with any court order or legal process, including regulatory requests.
- To a buyer or other successor in the evaluation and/or event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of soCOMMERCIAL’s assets.
- To advisors, consultants, auditors, or similar professionals to assess our business, financial, and legal obligations, or operations.
- If we believe it is necessary to protect the rights, property, or safety of soCOMMERCIAL or others.
- For any other purpose disclosed by us when you provide Personal Information.
- With your consent, such as when you choose to provide your information to third parties.
Third Parties for Business Support
soCOMMERCIAL discloses your Personal Information to third parties to assist us in our business such as data analytics, email marketing, payment processing, customer relationship management, and IT infrastructure and support.
5. Retention of Personal Information
soCOMMERCIAL will retain your information only for as long as is reasonably necessary for the purposes set out on this Privacy Notice, for as long as your account is active (i.e., for the lifetime of your soCOMMERCIAL customer account), or as needed to provide the Services to you. If you no longer want us to use your information to provide the Services to you, you may close your account. soCOMMERCIAL will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and as otherwise described in this Privacy Notice. We also retain log files for internal analysis purposes. These log files are retained for a brief period of time, except in cases where they are used to protect the security of our Services, to maintain and improve functionality of the Services, or to comply with legal obligations.
6. Manage Your Personal Information
If you believe that any Personal Information you have provided to us is inaccurate, you may review and correct such information if it is within your online account by logging in at any time or by contacting us as set forth below. You may also have additional rights set forth below depending on your location. We may need to request information from you to help us confirm your identity when exercising a right related to your Personal Information. When you use our Services, you agree to receive direct mail, email newsletters and other promotional email communications, as well as promotional telephone communications.
7. Direct Marketing Opt-Out
If you no longer wish to receive marketing emails or messages, you can easily click the "Unsubscribe" link at the bottom of any email we send. You may also manage your communication preferences through your account settings, depending on the services you use. Please be aware that even if you opt out of marketing communications, we may still contact you for important updates regarding our Terms of Use, Privacy Policy, legal notices, or to provide the services you've requested.
To make a request, please contact us by email (see below) or submit the request through your soCOMMERCIAL account using the web form from the help menu and select listing issues.
In order to verify your request, we may require you to provide additional information to confirm your identity.
For requests related to erasure, restriction of processing, termination of consent to processing, or objection to processing, all further user data collection will stop once a request is verified.
If you request a hard deletion of data, we will do so within 45 days of receipt of your request by email.
Tracking/Online Advertising Opt-Out
You can opt out of third parties collecting your Personal Information for targeted advertising purposes in the United States by visiting the National Advertising Initiative’s (NAI) opt-out page and the Digital Advertising Alliance’s (DAA) opt-out page.
Our Services do not recognize “Do Not Track” signals.
Exercising Your Rights
To make a request, please contact us by email (see below) or submit the request through your soCOMMERCIAL account or our rights request web form . In order to verify your request, we may require you to provide additional information to confirm your identity.
For requests related to erasure, restriction of processing, termination of consent to processing, or objection to processing, all further user data collection will stop once a request is verified.
If you request a hard deletion of data, we will do so within 45 days of receipt of your request by email.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. To make a request on your behalf, an authorized agent may contact us by email with proof of your written and signed permission to do so. Note that we may also require you to verify your identity and confirm that you gave permission.
8. Jurisdiction Specific Notices
8.2 Additional Notice to Certain Other U.S. Residents
If you are a resident of certain U.S. States, you may have some or all of the following rights. Specifically, these states include Nevada, Virginia, Colorado, Connecticut, Utah, and Iowa. These rights are based on verifiable residency status, and we reserve the right to honor your request to exercise these rights based on your residency. You may have the right to request the following: (1) that we disclose and provide a copy of what Personal Information we collect, use, disclose, and sell; (2) that we delete your Personal Information, subject to certain exceptions; (3) that we correct inaccurate Personal Information; (4) opt-out of the sale of Personal Information; (5) opt-out of targeted advertising; (6) opt out of profiling in furtherance of decisions that produce legal or similarly significant effects about you, and (7) not receive discriminatory treatment by us for exercising these rights.
To make such a request, please follow the instructions in Section 7 Exercising Your Rights above.
If you are appealing our decision, please email us following the instructions in the below section and reference and/or attach information to identify your original request. In order to verify your request, we may require you to provide additional information to confirm your identity.
9. Privacy Notice Changes
This Privacy Notice may be updated periodically to reflect changes in our privacy practices.
We will post changes on this page and identify the date the privacy notice was last revised at the top of the page. If we make material changes to our privacy practices, we will notify you through a notice on the home page of the websites covered by this Privacy Notice. If a material change will apply to Personal Information we have already collected, including any new purposes for which the Personal Information will be used or disclosed to which you have not previously consented, we will additionally seek your affirmative consent.
Contact Us
You can contact us, depending on the nature of your inquiry, by using the relevant contact information below.
- o By Mail:
- soCommercial.
- 1133 Normandy Drive
- Miami Beach, Florida 33141
- Attention: Copyright Agent
- o By Email:
