Copyright 2017-Present by MerrickDamon Real Estate. All rights reserved. No portion of this site, its contents, or technical materials may be copied or distributed without advance written permission from MerrickDamon real Estate.
Last Updated: August 26, 2017
At MerrickDamon, we are committed to protecting your privacy and creating a safe and secure online environment for anyone who visits or uses our site. By visiting MerrickDamon.com, or its subsidiaries, you are accepting the practices described in this Privacy Notice.
Information You Provide to Us
We collect and store the information you provide directly to us, such as when you use the Services to compare the relevance of agents in your area of interest, request that we contact you to match you with an agent, provide feedback and rate your experiences using the Services, sign up for our mailing list, or when you call, email or otherwise communicate with us. The types of information we may collect include:
- Basic user information, such as your name, email address, phone number, whether you are buying or selling a home, and the best time to contact you; and
- Home information, such as the address, type of home, and price range of the home you are interested in buying or selling.
Information We Collect Automatically
When you access or use our Services, MerrickDamon may automatically collect information about you, including:
- Log Information—We automatically log information when you visit our websites, including your IP address, access times, operating system, browser type and language, Internet service provider (ISP), and the web pages that you visit.
- Aggregated Data—We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or site functionality.
- Technologies—Such as: cookies, beacons, tags and scripts may be used by MerrickDamon and our marketing partners and analytics or service providers. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site anonymously and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an aggregated basis.
- LSOs—We use local storage objects such as HTML5 to store content information and preferences to make webpages render more quickly and speed up your website experience.
- Partner Companies—Third Parties, with whom we partner to provide certain features on our site or for marketing or advertising purposes based upon your web browsing activity, use LSOs such as HTML5 to collect and store information.
Use of Information
We use information collected through our Services for the purposes described in this Policy or as otherwise disclosed to you in connection with our Services. For example, we may use your information to:
- Provide, maintain and improve our Services, and deliver the information you request;
- Respond to your comments and questions, and provide customer service;
- Communicate with you about our Services and any other events, news or information about MerrickDamon and our select partners;
- Monitor and analyze trends, usage, and activities in connection with our Services;
- Personalize and improve the Services and provide content, features, or advertisements that match your interests and preferences; and
- Link or combine with other information we get from third parties to help understand your needs and provide you with better service.
MerrickDamon may store and process your information in the United States and in other countries.
Disclosure of Information
We may share your information as follows:
- With third party vendors, consultants and other service providers who need access to information about you in order to carry out their work for us. These companies are authorized to use your personal information only as necessary to provide these services to us;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of some or all of our business to another company.
We may also share aggregated or anonymized information that does not directly identify you.
When we partner with a third party to either display advertising on our web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests.
Links to 3rd Party Sites
User Submitted Content
Users may comment on posts and submit other content to MerrickDamon. We also display personal testimonials of satisfied customers on our site in addition to other endorsements. By submitting any such information, you grant MerrickDamon the right to post and publish such information at our sole discretion.
Social Media Widgets
The security of your personal information is important to us, thus MerrickDamon has taken reasonable steps to help protect the personal information our users share with us in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction.
We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have questions about security on our Web site, you can contact us here.
Changes to the Policy
From time to time, MerrickDamon may revise this Policy. We encourage you to review the Policy whenever you access the Services to make sure that you understand our information collection, use, and disclosure practices.
Your Information Choices
Your information is your information. You may update, correct or delete information about you by contacting us. We will respond to your request to access within 30 business days. Please note that we may retain certain information about you as required by law or for legitimate business purposes and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Promotional Communications. You may opt out of receiving promotional emails or text messages from MerrickDamon by following the instructions in those communications. If you opt out, we may still send you non-promotional communications, such as emails about your account.
Use of Our Service
Matchmaking is the core of what we do for real estate. When the time is right, we make a professional introduction between you and one of our Real Estate Agent partners. The service that we provide to both buyers and sellers of real estate and real estate professionals is governed by a few terms that are outlined below.
We are an online service and have brick-and-mortar locations. The terms of our agreements with you are set forth below in plain language. If you don’t agree with the terms, then we ask you please to leave this web site. If you do use this web site, then that action will serve as your agreement to be bound by our terms of service.
MerrickDamon is operated in compliance with all state and federal housing laws.
Terms for Broker and Agents
Real estate professionals who are involved with and use our Web site must agree with the following terms:
You grant MerrickDamon and its subsidiaries and partners permission to display on our Web site and elsewhere, information that we have gathered or you have supplied related to any of the real estate transactions that you have handled as a real estate professional. This information helps your potential clients better understand your specialties.
By partnering with MerrickDamon you agree to be bound by the agreement you sign when joining or otherwise partnering.
You are responsible for maintaining your own real estate license and for following all applicable real estate laws regarding disclosures, documentation and other brokerage responsibilities.
In connection with the referrals, you agree to be contacted by MerrickDamon and its referrals via phone, email, mail or other reasonable means, and you further agree that you will not provide the referrals to any other party without our written consent.
Any information that you provide to MerrickDamon shall be accurate, complete and owned by you, and you agree to update any information that is or becomes inaccurate. Of course, if we discover that any information is inaccurate we may correct it ourselves. You hereby grant us permission to e-mail or display your Profile (including your name, likeness, contact information and transaction details) and such other information as may be supplied by you on or from our Web site “www.MerrickDamon.com” and such other partner and affiliate websites as we believe advisable for marketing purposes.
You agree that we may modify the services and/or their terms at any time. We will send you an email thirty days in advance of any significant changes of our services, terms of service or fees, and you agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent referrals or services shall be governed by the new terms.
Terms for Buyers and Sellers
All non-real estate professionals (including prospective Buyers and Sellers and their representatives) who are involved with and use our Web site must agree with the following terms:
When the time is right, we may make a professional introduction between you and one of our Real Estate Agent partners. This introduction involves sharing the contact information of each party with the other. When you submit information to MerrickDamon for a real estate request, you authorize us to use and provide this information to make a match. By providing this information to us, you consent to being contacted by us and by our partner real estate professionals via phone, email, mail or other reasonable means.
For us to help you, we need you to provide information that is accurate and complete, especially your contact information so that our Real Estate Agent partners can contact you quickly and efficiently. We reserve the right to suspend or terminate access to anyone who supplies information that is inaccurate or misleading.
You understand that while MerrickDamon may refer real estate professionals, we may not know the terms of any agreement between you and the real estate professional.
You understand that for our services we may receive payment (a referral fee) that may be a percentage of the commission received by the real estate professionals involved in the real estate transaction. There is no charge to you. Any payment is due based on a separate agreement between us and the real estate professional involved. Your use of our services constitutes your acknowledgment of, and agreement to, this compensation arrangement.
Your participation in our service is voluntary and can be terminated by either of us for any reason at any time with written notice. However, any referrals made prior to such termination are still bound by the agreement that we may have with a real estate professional.
You agree that we may modify the services provided or these terms of service at any time. We will notify you in advance of any significant changes of our services, and you agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent services shall be governed by the new terms.
You may initiate or receive a call from a MerrickDamon representative or one of our agent partners via one of MerrickDamon’s phone numbers. If you do so, MerrickDamon may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes.
All who are involved with and use our Web site must agree with the following additional terms:
- MerrickDamon’s intention is that the information contained on our Web site be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information available on this Web site, and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified.
- To protect our service, you agree to refrain from the following prohibited activities: (a) submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting materials that could be harmful to minors; (c) engaging in activity or submitting materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Web site users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting materials that displays pornographic or sexually explicit material of any kind; (h) submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Web site or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Web site; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Web site or our hardware and software infrastructure or that of any of our licensors or suppliers.
- You agree to the following limitation: THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” MERRICKDAMON AND/OR ITS SUPPLIERS, PARTNER COMPANIES, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF MERRICKDAMON’S SERVICE IS AT YOUR OWN RISK. WE AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- You also agree to the following: IN NO EVENT SHALL MERRICKDAMON OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO $100. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
- Finally, you also agree to the following: These Terms of Service shall be subject to and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to MerrickDamon.