Privacy and Terms

Privacy Statement

Privacy Statement
Forum for The Smith Group, NCRE Professionals, Complaints Regarding Privacy

We at NCRE Professionals (“Company,” “we,” “us,” “our”) know that our users (“you,” “your”) care about how your personal information is used and shared, and we take your privacy seriously. If you have any Smith Group complaints regarding privacy please contact us immediately. The Smith Group reviews all inquiries. Please read the following to learn more about our Privacy Policy. By visiting or using the Website or Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways. Any capitalized terms used herein without definition shall have the meaning given to them in the Company Terms and Conditions.

I. What Does This Privacy Policy Cover?

This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Website. This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the products and services that we provide). If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to us or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us through the means listed on the Contact Us page.

II. What Information Does Company Collect?

We gather various types of Personal Information from our users, as explained more fully below. We may use this Personal Information to personalize and improve our services, to allow our users to set up a user account and profile, to contact users, to fulfill your requests for certain products and services, to analyze how users utilize the Website, and as otherwise set forth in this Privacy Policy. We may share certain types of Personal Information with third parties (described in this Section and in Section III below). We collect the following types of information:

A. Information You Provide to Us

We receive and store any information you knowingly provide to us. For example, we collect Personal Information such as your name, email address, phone number, browser information, and third-party account credentials (for example, your log-in credentials for Facebook or other third party sites). If you provide your third-party account credentials to us, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us if you authorize such transmissions, and that Third Party Account Information transmitted to our Website is covered by this Privacy Policy. You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features. We may anonymize your Personal Information so that you cannot be individually identified, and provide that information to our partners.

B. Information Collected Automatically

Whenever you interact with our Website, we automatically receive and record information on our server logs from your browser including your IP address, “cookie” information, and the page you requested. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when pages in our Website are visited and by how many people. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device’s acceptance of cookies, but this may prevent you from taking advantage of some of our Website’s features. If you click on a link to a third party website, such third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties.

When we collect usage information (such as the numbers and frequency of visitors to the Website), we only use this data in aggregate form, and not in a manner that would identify you personally. For example, this aggregate data tells us how often users use parts of the Website, so that we can make the Website appealing to as many users as possible. We may also provide this aggregate information to our partners; our partners may use such information to understand how often and in what ways people use our Website, so that they, too, can provide you with an optimal experience. We never disclose aggregate information to a partner in a manner that would identify you personally.

C. Email and Other Communications

We may contact you, by email or other means; for example, we may send you promotional offers on behalf of other businesses, or communicate with you about your use of the Website. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make emails more interesting and improve our service. If you do not want to receive email or other mail from us, please indicate your preference by contacting us or utilizing the unsubscribe links contained at the bottom of our emails. Please note that if you do not want to receive legal notices from us, those legal notices will still govern your use of the Website, and you are responsible for reviewing such legal notices for changes.

III. Will Zurple Share Any of the Personal Information it Receives?

We neither rent nor sell your Personal Information in personally identifiable form to anyone. We share your Personal Information in personally identifiable form with third parties as described below.

A. Affiliated Businesses and Third Party Websites We Do Not Control

In certain situations, businesses or third party websites we’re affiliated with may sell items or provide services to you through the Website (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

B. Agents

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

C. User Profiles and Submissions

Certain user profile information, including without limitation a user’s name, location, and any video or image content that such user has uploaded to the Website, may be displayed to other users to facilitate user interaction within the Website or address your request for Company’s services. Your account privacy settings allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Website and other users can contact you through messages and comments.

D. Business Transfers

We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.

E. Protection of Company and Others

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

F. With Your Consent

Except as set forth above, you will be notified when your Personal Information may be shared with third parties in personally identifiable form, and will be able to prevent the sharing of this information.

IV. Is Personal Information About Me Secure?

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

The Website may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When following a link to another site you should read that site’s privacy policy.

V. What Personal Information Can I Access?

Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:

User name and password

Email address

Brokerage information

User profile information, including copy and images you have uploaded to the site

The information you can view, update, and delete may change as the Website changes. If you have any questions about viewing or updating information we have on file about you, please contact us. Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: NCRE, Professionals , 840 Newport Center Drive, Suite 100, Newport Beach, California 92660.

VI. What Choices Do I Have?

The Smith Group reviews all inquiries and Smith Group complaints.
You can always opt not to disclose information to use, but keep in mind some information may be needed to register with us or to take advantage of some of our special features.

You may be able to add, update, or delete information as explained in Section V above. When you update information, however, we may maintain a copy of the unrevised information in our records. Please note that some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

VII. Changes to this Privacy Policy

We may amend this Privacy Policy from time to time. The Smith Group reviews this Privacy Policy periodically. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

VIII. Questions or Concerns / Forum to Address Zurple Complaints Regarding Privacy

If you have any questions or concerns or Smith Group complaints regarding our privacy policies, please send us a detailed message to NCRE, Professionals, attention Legal Department, 840 Newport Center Drive, Suite 100, Newport Beach, California 92660, and we will try to resolve your concerns. The Smith Group reviews all such communications.

EFFECTIVE DATE: August 2014


Terms & Conditions /
Forum for The Smith Group Complaints Regarding Terms

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“SITE TERMS”) CAREFULLY, AND NOTE ZURPLE REVIEWS ANY ZURPLE COMPLAINTS RELATED TO THESE TERMS. YOUR USE OF THE SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE SITE TERMS WITHOUT MODIFICATION. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS OR HAVE ZURPLE COMPLAINTS, DO NOT USE THIS WEB SITE.

The Web site you are accessing (the “Site”) is provided by NCRE Professionals, and/or an affiliate thereof (individually and collectively, “THE SMITH GROUP”).

These Site Terms apply to your access to, and use of, the Site so please read them carefully. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with THE SMITH GROUP or its affiliates, for services, products or otherwise. We reserve the right to change or modify any of the Site Terms and the Site, at any time, after THE SMITH GROUP reviews. If we decide to change our Site Terms, we will post a new version on the Site. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of the Site following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must immediately stop using the Site. However, THE SMITH GROUP reviews any THE SMITH GROUP complaints you may have from time to time.

Privacy and consent to communications

We believe strongly in providing you notice of how we collect and use your data, including personally identifying information, collected from the Site. We have adopted a Privacy Statement to which you should refer to fully understand how we collect and use personally identifying information. By filling out any forms on the Site, providing information to us or making any inquiry, you acknowledge that we have an established business relationship and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, email, mail, texting or otherwise.

Use of site; limited license

You are granted a limited, non-sublicensable license to access and use the Site and all content, data, information and materials included in the Site (the “Site Materials”) solely for your personal use, subject to the terms and conditions set forth in these Site Terms. You may not use the Site or any Site Materials for commercial purposes. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site or service any of the Site Materials. You will not use the Site or any of the Site Materials other than for their intended purpose or in any way that is unlawful, or harms THE SMITH GROUP and/or its suppliers.

Without prejudice to the foregoing, you may not engage in the practices of “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users or other information from the Site or that uses web ”bots” or similar data gathering or extraction methods. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Any use of the Site or the Site Materials other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time.

Account security

Each person that is provided with a password and user ID to use the Site, if applicable, must agree to abide by these Site Terms and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality and security of any password connected with your account.

Third party products and services; third-party content

We may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links or referrals to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any third party products or services, and you use such third party products and services at your own risk. We do not sponsor, endorse, recommend or approve any such third party. You should investigate and use your independent judgment regarding the merits, quality and reputation of any individual, entity or information that you find on or through the Site. We do not represent or warrant that any such third party is licensed, qualified, reputable or capable of performing any such service. If you encounter difficulties with any such third party, please inform us at THE SMITH GROUP complaints.

The Site and the services offered therein are provided solely as a forum and technical interface that may connect homeowners with locally licensed real estate agents, brokers and other home-related service providers. THE SMITH GROUP does not provide any real estate, appraisal or home-related services, and do not hold ourselves out as being licensed to perform any such services. THE SMITH GROUP does not sponsor, endorse, recommend or approve of any real estate agent, broker or other home-related service provider who offers services through the Site. While THE SMITH GROUP reviews and tries to confirm that participating real estate agents, brokers and other home-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any real estate agent, broker or other home-related service provider who offers services through the Site is licensed, qualified, or capable of performing any such service.

It should also be noted that THE SMITH GROUP does not make any assurance as to the timeliness or accuracy of information provided by any real estate agent, broker or other home-related service provider including any home evaluation, or other related follow up. Furthermore, if the requesting homeowner submits incomplete, insufficient or inaccurate information, or if the completion of a home evaluation is in conflict with real estate rules, laws or best practices, then an evaluation may not be provided to the requesting homeowner.

Public areas

If a “Public Area” is available on the Site, such as a forum, message board, or other community area that allows user posts, you are solely responsible for any information, text, photos, content or material that you upload, post or transmit to the Site (“User Content”). You are also responsible for your reliance on any communications found in such areas. If you feel you or someone is in danger, or you believe illegal conduct may take place or has taken place, you should contact your local law enforcement agency immediately. If you believe you may have a medical emergency, call your doctor or 911 immediately. For problems of a lessor nature, please contact us at THE SMITH GROUP complaints.

You agree that you will not engage in any of the following activities, any of which would be deemed a breach of the Site Terms:

Violating local, state, or other applicable laws or regulations;

Posting User Content that infringes the intellectual property rights, privacy, publicity or other rights of any third party;

Posting User Content that is unlawful, obscene, defamatory, threatening, harassing, hateful, or embarrassing to any third party as determined in our sole discretion;

Posting advertisements or other materials to solicit business for yourself or any third party;

Disrupting or impeding the discussion flow of others on the Site;

Posting chain letters or pyramid schemes;

Impersonating a third party or implying you are someone other than who you are;

Distributing viruses or other harmful or malicious computer code;

Collecting information about others without their explicit written consent;

Allowing a third party to use your identification or to pretend they are you; or

Engaging in any conduct that disrupts or impedes a third party’s use and enjoyment of the Site, or which, in our judgment, exposes us or any customers, partners or related entities to liability or detriment of any type

THE SMITH GROUP may, but is not obligated to, do one or more of the following:

Record, monitor, modify or disclose User Content;

Investigate a complaint that User Content violates the Site Terms, and determine in our sole discretion whether to remove the material or take other action;

Remove User Content if we determine in our sole discretion that a violation of the Site Terms has occurred or may occur in the future;

Review all THE SMITH GROUP complaints submitted via mail, email or other means; or

Terminate a user’s access to the Site (or any portion thereof) if he or she has violated our Site Terms.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding THE SMITH GROUP or the Site, provided by you in the form of e-mail or submissions to us, or postings on the Sites, are non-confidential. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Hyperlinks

While on occasion THE SMITH GROUP reviews hyperlinks, we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Disclaimer

THE SITE AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK. THE SMITH GROUP AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITE.

Limitation of liability

IN NO EVENT WILL ZURPLE OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SITE MATERIALS.

Termination

We may terminate or suspend your access to the Site at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease. You may submit issues to THE SMITH GROUP complaints. However, we reserve the right not to respond to any requests for information for any reason, or no reason.

Applicable law and venue

These terms and conditions are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Newport Beach, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

General terms

If any part of the Site Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Site. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to the Site.

Copyright, trademark and patent notices

Portions of the Site are protected by THE SMITH GROUP intellectual property rights and unless otherwise explicitly indicated in the Site, the Site Materials and the selection and arrangement thereof are the proprietary property of THE SMITH GROUP and its suppliers and are protected by U.S. and international copyright laws.

The THE SMITH GROUP name, and any THE SMITH GROUP products and services slogans or logos referenced herein are either trademarks or registered trademarks of THE SMITH GROUP in the United States and/or other countries. The names of actual third party companies and products mentioned in the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

If you are a copyright owner and believe your copyrighted material has been used on this Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice to NCRE Professionals, Attention The Smith Group Complaints / General Counsel, 840 Newport Center Drive, Suite 100, Newport Beach, California 92660. Please include the following information: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Site, (3) your contact information, including address, telephone number, and email address (if any), (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement.

The parties have required that the Site Terms and all documents relating thereto be drawn up in English.

Last revised: January 2014