Effective Date: January 1, 2025
Winning Realtors LLC (“Winning Realtors”, “we”, “us”, or “our”) is committed to safeguarding the privacy and personal data of its users, clients, website visitors, and all individuals who interact with our services. This Privacy Policy (the “Policy”) governs our collection, use, disclosure, storage, and protection of Personal Information (defined below) obtained through our website(s), integrated applications, CRM platforms, IDX feeds, AI-powered tools, and any other digital or offline services we provide (collectively, the “Services”).
This Policy forms an integral part of the contractual framework under which we operate, and should be read in conjunction with our Terms of Use, Master Subscription Agreement, and any executed client agreements.
1. DEFINITIONS
1.1 “Personal Information” means any information relating to an identified or identifiable natural person, including but not limited to name, email address, postal address, phone number, IP address, login credentials, MLS data linked to an individual, usage data, location data, and any other data as defined under applicable U.S. or international privacy laws.
1.2 “Processing” includes any operation or set of operations performed on Personal Information, whether or not by automated means, including collection, recording, organization, storage, adaptation, retrieval, consultation, use, disclosure, erasure, or destruction.
1.3 “User” or “Client” refers to the individual or business entity accessing or using our Services, whether via subscription, employment, contract, or visit to our digital platforms.
2. INFORMATION WE COLLECT
We collect the following categories of information:
2.1 Directly Provided Information:
2.2 Automatically Collected Information:
2.3 Third-Party and Integrated Data Sources:
3. PURPOSES OF DATA PROCESSING
We process Personal Information solely for the following legitimate purposes:
4. LEGAL BASES FOR PROCESSING
Where applicable under U.S. law or international standards (e.g., GDPR), we rely on the following legal bases:
5. DISCLOSURE TO THIRD PARTIES
We may share Personal Information as follows:
5.1 With Service Providers:
Trusted third-party vendors such as payment processors, hosting providers, email and SMS platforms, AI model providers (e.g., OpenAI), and CRM vendors (e.g., GoHighLevel) under binding agreements ensuring data protection.
5.2 With MLS/IDX Providers:
To enable property listing integrations and update feeds in compliance with real estate data use regulations.
5.3 Legal or Regulatory Authorities:
Where disclosure is required under applicable law, regulation, or court order.
5.4 Business Transfers:
In the context of a merger, acquisition, or sale of assets, Personal Information may be transferred to the successor entity subject to this Policy’s protections.
6. DATA RETENTION
We retain Personal Information only for as long as necessary to fulfill the purposes for which it was collected, or to comply with legal, accounting, or reporting requirements. Upon expiration of the applicable retention period, data is securely deleted or anonymized.
7. DATA SECURITY
We implement appropriate technical and organizational security measures to protect Personal Information, including:
8. USER RIGHTS
Depending on your jurisdiction, you may have the right to:
To exercise these rights, contact us at: privacy@winningrealtors.com
9. CHILDREN’S PRIVACY
We do not knowingly collect or solicit Personal Information from individuals under the age of 18. If we become aware that such data has been inadvertently collected, it will be promptly deleted.
10. INTERNATIONAL TRANSFERS
If Personal Information is transferred outside of the United States, we ensure appropriate safeguards are in place, including Standard Contractual Clauses (where applicable), to ensure an adequate level of protection.
11. UPDATES TO THIS POLICY
We may revise this Privacy Policy periodically. Material changes will be communicated via email (if on record) or by a prominent notice on our site. Continued use of the Services after such modifications constitutes acceptance.
12. CONTACT
Winning Realtors LLC
[Insert Legal Address]
Email: privacy@winningrealtors.com
Phone: [Insert Business Number]
13. SIGNATURE AND ACKNOWLEDGEMENT
By using our Services, the Client acknowledges that they have read, understood, and agreed to this Privacy Policy.
Winning Realtors – Terms and Conditions of Service
Effective Date: January 1, 2025
Last Updated: January 1, 2025
These Terms of Use (“Agreement” or “Terms”) govern your access to and use of the services, websites, software, integrations, applications, content, products, and documentation provided by Winning Realtors, a California limited liability company (“Winning Realtors,” “Company,” “we,” “us,” or “our”). This Agreement constitutes a binding contract between you (“Client,” “User,” “you,” or “your”) and Winning Realtors.
By accessing or using any part of the Winning Realtors platform, tools, or affiliated services (collectively, the “Services”), you agree to be legally bound by the terms of this Agreement, whether as an individual, real estate agent, broker, team, entity, or organization. If you do not agree to all the terms herein, you must not access or use the Services.
1. Eligibility and Legal Capacity
1.1 Eligibility. To use the Services, you must be at least eighteen (18) years of age and have the legal authority to enter into this Agreement on your own behalf or on behalf of the business or entity you represent. You warrant that all information you submit is accurate and complete.
1.2 Jurisdictional Compliance. You are solely responsible for ensuring that your use of the Services complies with all applicable federal, state, local, and international laws, regulations, MLS or IDX rules, and industry standards relevant to your practice.
2. License Grant and Scope of Use
2.1 Limited License. Subject to your full compliance with these Terms and any applicable Service Agreement, Winning Realtors grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your internal business purposes only.
2.2 Restrictions. You shall not:
2.3 Prohibited Conduct. You agree not to use the Services:
3. Account and Access Credentials
3.1 Registration. Access to certain features of the Services may require registration and the creation of an account. You agree to provide accurate and complete information and to keep it updated.
3.2 Account Security. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You agree to notify Winning Realtors immediately upon becoming aware of any unauthorized use or security breach.
4. Intellectual Property
4.1 Ownership. All content, features, functionality, software, designs, logos, trade names, and data, including all intellectual property rights therein, are the sole and exclusive property of Winning Realtors or its licensors.
4.2 Feedback. If you submit any feedback, suggestions, or improvements regarding the Services, you grant Winning Realtors a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and commercialize such feedback without restriction.
5. Third-Party Services and MLS/IDX Integrations
5.1 Third-Party Dependencies. The Services may integrate or interoperate with third-party services, including but not limited to IDX data providers, CRM systems, or AI technologies. Winning Realtors is not responsible for the performance, accuracy, legality, or reliability of such third-party services.
5.2 MLS Compliance. You agree to abide by all applicable MLS and IDX data usage guidelines. You further represent that you have the legal right to access and display MLS data, and that you indemnify Winning Realtors from any claims related to improper use or display of such data.
6. Payment Terms
6.1 Fees. Access to the Services is subject to payment of applicable fees as outlined in your Order Form or Master Subscription Agreement. All fees are non-refundable unless explicitly stated otherwise.
6.2 Taxes. You are responsible for all applicable taxes, including but not limited to sales, use, value-added, and similar taxes imposed by any governmental entity.
7. Termination and Suspension
7.1 Termination by You. You may terminate your account by providing written notice to Winning Realtors, subject to any minimum commitment terms stated in your Service Agreement.
7.2 Termination by Us. Winning Realtors may suspend or terminate your access to the Services immediately and without liability if you breach these Terms or engage in conduct that, in our sole discretion, may cause harm to the Company, other users, or third parties.
7.3 Effect of Termination. Upon termination, your right to access the Services will immediately cease. Sections 4, 6, 7.3, 8, 9, 10, and 11 shall survive termination.
8. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WINNING REALTORS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR RESULTS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WINNING REALTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO WINNING REALTORS IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless Winning Realtors and its officers, directors, employees, affiliates, successors, and assigns from and against any and all claims, damages, liabilities, losses, costs, and expenses (including attorneys’ fees) arising from:
(a) your use or misuse of the Services;
(b) your violation of these Terms;
(c) your violation of applicable laws or regulations; or
(d) any content or data submitted by you or through your account.
11. Governing Law and Dispute Resolution
11.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.
11.2 Venue. The parties agree that any dispute arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and the parties submit to the personal jurisdiction of such courts.
11.3 Injunctive Relief. You acknowledge and agree that any breach of the provisions of this Agreement may result in irreparable harm to Winning Realtors for which monetary damages may be inadequate. In such event, Winning Realtors shall be entitled to seek equitable relief (including injunctive relief) in addition to any other remedies available at law or in equity.
12. Miscellaneous
12.1 Entire Agreement. These Terms, together with the Privacy Policy, Master Subscription Agreement, and any Order Forms, constitute the entire agreement between the parties and supersede all prior understandings.
12.2 Amendments. Winning Realtors reserves the right to amend these Terms at any time by posting an updated version on its website. Your continued use of the Services constitutes acceptance of the amended Terms.
12.3 Waiver. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other.
12.4 Assignment. You may not assign or transfer this Agreement without our prior written consent. Winning Realtors may assign this Agreement without restriction.
12.5 Force Majeure. We are not liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, internet outages, labor strikes, civil disturbances, or government restrictions.
Effective Date: January 1, 2025
Last Updated: January 1, 2025
This DMCA Policy (“Policy”) is adopted and implemented by Winning Realtors, LLC, a California limited liability company with its principal place of business at [Insert Business Address] (“Winning Realtors,” “we,” “us,” or “our”) in connection with its proprietary platform, technology suite, hosted websites, content syndication, IDX integrations, AI systems, and all related digital and print properties (collectively, the “Services”). This Policy is a legally binding component of Winning Realtors’ Terms of Use and is incorporated therein by reference.
1. PURPOSE
This Policy is intended to comply with the United States Digital Millennium Copyright Act of 1998 (“DMCA”), codified at 17 U.S.C. § 512. It establishes the procedure by which copyright owners may notify Winning Realtors of alleged copyright infringement and how such notifications will be addressed. This Policy also outlines the rights and obligations of users, content contributors, and any person or entity utilizing the Services in connection with any potentially infringing material.
2. DESIGNATED AGENT
Pursuant to 17 U.S.C. § 512(c)(2), Winning Realtors designates the following agent (“Designated Agent”) to receive notices of claimed infringement:
DMCA Agent
Winning Realtors, LLC
[Insert Legal Department or Agent Name]
[Insert Mailing Address]
[Insert Email Address for DMCA Notices]
[Insert Phone Number, optional but recommended]
3. NOTICE OF ALLEGED INFRINGEMENT (TAKEDOWN NOTICE)
If you believe that any content made available through the Services infringes upon your copyright, you may submit a written notification to the Designated Agent that includes all of the following information as required under 17 U.S.C. § 512(c)(3):
a. A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;
b. Identification of the copyrighted work(s) claimed to have been infringed;
c. Identification of the allegedly infringing material, including specific URLs or other detailed location information that enables us to locate the material;
d. A statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
e. A statement made under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly infringed.
Incomplete, vague, or false notices may result in no action being taken and may expose the complaining party to legal liability.
4. PROCEDURE UPON RECEIPT OF A VALID NOTICE
Upon receipt of a valid takedown notice, Winning Realtors will:
a. Promptly investigate the alleged infringement;
b. Remove or disable access to the allegedly infringing material;
c. Notify the user responsible for the content (“Content Provider”) of the takedown and the basis thereof;
d. Provide the Content Provider with an opportunity to submit a counter-notice as described below.
5. COUNTER-NOTICE PROCEDURE
If you, as the Content Provider, believe that material you posted was removed or disabled as a result of mistake or misidentification, you may file a counter-notification with the Designated Agent. The counter-notification must include:
a. Your physical or electronic signature;
b. Identification of the material that has been removed or disabled and the location at which the material appeared before its removal or disablement;
c. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
d. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the U.S. federal district court for the judicial district in which your address is located (or in Los Angeles County, California, if your address is outside of the United States), and that you will accept service of process from the person who submitted the takedown notice or their agent.
Upon receipt of a valid counter-notice, Winning Realtors may, in its sole discretion, restore the removed content within 10–14 business days unless the original complainant initiates legal action seeking a court order to restrain the allegedly infringing activity.
6. REPEAT INFRINGER POLICY
Winning Realtors has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, access and accounts of users who are determined to be repeat infringers. A “repeat infringer” is any user who has been the subject of more than one valid DMCA takedown notice.
7. DISCLAIMER OF LIABILITY
Winning Realtors disclaims any liability for the removal of any content pursuant to this Policy and reserves the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate access to the Services of any user who we believe, in good faith, has violated this Policy or any applicable law.
8. NO LEGAL ADVICE
Nothing in this Policy shall be construed as legal advice. You are advised to consult independent legal counsel if you are uncertain about your rights under the DMCA or whether your materials or those you are complaining about are legally protected.
9. GOVERNING LAW
This Policy, and all disputes arising under it, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any action brought pursuant to this Policy shall be submitted to the exclusive jurisdiction of the courts located in Los Angeles County, California.
OF WINNING REALTORS
Effective Date: January 1, 2025
Last Updated: January 1, 2025
This Acceptable Use Policy (“Policy”) governs the use of all websites, platforms, technologies, applications, and services (collectively, the “Services”) provided by Winning Realtors, LLC, a California limited liability company, with principal offices located at [Insert Address] (“Winning Realtors”, “we”, “us”, or “our”), by any individual or entity (hereinafter referred to as “User”, “you”, or “Client”) whether as a subscriber, agent, broker, administrator, employee, contractor, vendor, or any third party acting on behalf of such persons.
Your use of the Services constitutes your agreement to comply with this Policy. If you do not agree to this Policy, you are prohibited from using the Services.
1. Purpose of this Policy
Winning Realtors is committed to maintaining the integrity, security, and efficiency of its Services. This Policy is designed to:
This Policy forms an integral part of any agreement, license, or subscription plan entered into between you and Winning Realtors.
2. Prohibited Uses
You agree not to use the Services, and shall not permit any third party to use the Services, in any of the following ways:
2.1 Illegal, Harmful, or Fraudulent Activity
2.2 Security Violations
2.3 Network Abuse
2.4 Misuse of Communication Tools
2.5 Content Restrictions
3. Specific Provisions for Real Estate Professionals
Winning Realtors provides technology solutions specifically tailored for licensed real estate professionals. As such:
4. Enforcement and Monitoring
Winning Realtors reserves the right, but not the obligation, to:
5. Reporting Violations
If you believe someone has violated this Policy or misused the Services, please contact:
Legal Compliance Division
Winning Realtors, LLC
Email: [Insert Email]
Mailing Address: [Insert Physical Address]
Reports must include sufficient detail and supporting evidence. Anonymous complaints may not be acted upon.
6. Amendments
Winning Realtors may revise this Policy at any time, with or without notice, by posting an updated version on its website or notifying Users by email or through administrative dashboards. Continued use of the Services after such modifications constitutes acceptance of the updated Policy.
7. Reservation of Rights
All rights not expressly granted in this Policy are reserved by Winning Realtors. This Policy does not limit any rights Winning Realtors may have under law, equity, or any applicable agreement.
8. Governing Law
This Policy shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or relating to this Policy shall be resolved in the state or federal courts located within Los Angeles County, California, and both parties consent to personal jurisdiction therein.
9. Severability
If any provision of this Policy is deemed unenforceable by a court of law, the remaining provisions shall continue in full force and effect.
10. Entire Agreement
This Policy constitutes the entire agreement between you and Winning Realtors regarding your obligations of acceptable use, and supersedes all prior or contemporaneous communications and understandings, whether oral or written, related thereto.
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