Welcome to SMART RE Corp 

Welcome to smartrecorp.com and its associated subdomains, including the digital platforms of  SMART RE Corp, its affiliates, and the SMART RE mobile app (collectively, the “Sites”). These  Terms of Use (“Terms”) form a legally binding agreement between you and SMART RE Corp  (“SMART RE”) and its subsidiaries. Here, SMART RE and its subsidiaries are collectively  referred to as “SMART RE,” “us,” “we,” or “our.” These Terms apply to your access to and use  of the Sites, including all subdomains and services provided through the Sites, such as software,  tools, resources, and other content (collectively, the “Service”). SMART RE’s real estate brokerage services (“Real Estate Services”) are governed by separate contractual agreements executed between you and SMART RE. Additional subsidiaries and joint ventures within the  SMART RE family may have their own unique terms and privacy policies, accessible on their respective websites. 

IMPORTANT NOTICE: BINDING ARBITRATION & CLASS ACTION WAIVER 

This agreement contains a binding arbitration clause and class action waiver that may impact your legal rights, including your right to file a lawsuit in court and have your claims heard by a jury. Please read these Terms carefully. 

1. Acceptance of Terms 

By using the Sites or accessing the Service, you confirm that you have read and understood these  Terms and agree to be bound by them. These Terms establish a legally binding contract between you and SMART RE. The Sites and Services are intended for individuals aged 18 or older. By using the Sites or Service, you warrant that you are at least 18 years old or of legal age in your jurisdiction and capable of entering into these Terms. 

If you do not agree to these Terms, you must discontinue use of the Sites and Service immediately. Any further use will constitute acceptance of these Terms. 

2. Account Registration 

To access the full range of Services, you may choose to register for a user account (your  “Account”) by providing complete and accurate information. While you may use certain aspects of the Service without registering, specific features may be limited. By registering, you agree to receive marketing communications from us at the contact information provided, which may  include automated calls, texts, or emails. You certify that any contact information given is your own and consent to receiving communications from SMART RE. You can withdraw consent anytime by replying “STOP” to any message, unsubscribing from emails, or emailing  support@smart.realestate.

You are solely responsible for maintaining the security and confidentiality of your Account login details and any activities conducted through your Account. SMART RE must be immediately notified of any unauthorized access or suspicious activity on your Account. 

3. Limited License and Restrictions 

SMART RE grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Sites, Service, and related content, including text, photos, graphics, software, audio,  video, and other material (collectively, the “Content”) for personal purposes related to real estate transactions or market assessment. 

Downloading or copying Content for personal, non-commercial use is permitted, provided any copyright or proprietary notices remain intact. Any other use, reproduction, or modification of the Sites, Service, or Content is strictly prohibited unless explicitly permitted by SMART RE in writing. 

Prohibited actions include, but are not limited to: 

• Replicating, modifying, hosting, framing, publishing, or distributing the Sites or Service; • Reverse engineering or deconstructing any software within the Service; • Engaging in competitive use of the Sites, Service, or Content; 
• Uploading malicious software or files; 
• Sending unsolicited or bulk messages (“spam”); or 
• Using the Sites or Service for unlawful, obscene, harassing, or otherwise objectionable purposes. 

4. User Content and Responsibilities 

While using the Sites and Service, you may provide data or materials, such as Account details,  property preferences, messages, or other input (collectively, “User Content”). By submitting  User Content, you grant SMART RE a nonexclusive, worldwide, royalty-free license to use your  User Content in alignment with our Privacy Policy. You affirm that: 

• You own or have the right to share your User Content; 
• Your User Content is truthful and accurate; 
• It does not infringe any third-party rights or violate applicable laws; and • It does not contain prohibited, defamatory, or otherwise inappropriate material. You alone are responsible for your User Content. SMART RE reserves the right but is not obligated, to review, modify, or delete User Content that violates these Terms or applicable law without notice. 

5. Feedback 

Feedback, reviews, suggestions, or comments (“Feedback”) you provide regarding the Sites or  Service are invaluable. By submitting Feedback, you grant SMART RE an unrestricted,  sublicensable, perpetual license to use, reproduce, publish, and adapt your Feedback for any lawful purpose, without compensation to you.

6. Third-Party Resources 

Our Sites and Services may include access to third-party resources (websites, software, or content). SMART RE does not control these external resources and assumes no responsibility for their function, content, or availability. Use of third-party resources is at your own risk. 

7. Intellectual Property Rights 

SMART RE exclusively retains all rights to the Sites, Services, and Content, including copyrights,  trademarks, patents, trade secrets, and design rights. You do not acquire ownership of any part of the Sites, Service, or Content through your use. 

SMART RE’s trademarks, logos, and other brand elements are protected and may not be used without written consent. 

8. Termination of Use 

You may cease using the Sites and Service at any time. To terminate your Account, please contact SMART RE at the address provided below. 

SMART RE reserves the right to suspend, terminate, or restrict your access if you violate these  Terms or applicable laws. Upon termination, your right to use any Sites, Content, or other materials immediately ends. 

9. Disclaimers and Limitation of Liability 

The Sites, Service, and Content are provided “AS IS” without warranties of any kind. SMART  RE expressly disclaims all warranties, whether express, implied, statutory, or otherwise,  including but not limited to warranties of accuracy, reliability, or fitness for a particular purpose. 

To the extent permitted by law, SMART RE and its affiliates will not be liable for any indirect,  incidental, special, or consequential damages, including lost profits, data, or goodwill, arising from or related to the use or inability to use the Service. 

10. Indemnification 

You agree to indemnify SMART RE and its affiliates from any claims, losses, liabilities, or expenses arising from your use of the Sites, Content, Service, or your violation of these Terms. 

11. Arbitration and Class Action Waiver 

All disputes arising from or relating to these Terms will be resolved through binding arbitration under the American Arbitration Association’s Consumer Arbitration Rules in San Diego County,  California. You waive the right to participate in a class action, ensuring that disputes are resolved individually.

12. DMCA Compliance and Copyright Infringement 

SMART RE respects intellectual property rights and complies with the DMCA. For any copyright concerns regarding content on our Sites, please refer to our DMCA Statement and contact us as needed. 

13. Accessibility Commitment 

SMART RE is committed to making the Sites accessible to all users and regularly reviews its accessibility standards. Contact support@smartrecorp.com for accessibility assistance. 

14. Governing Law and Venue 

These Terms are governed by California law, without regard to conflict of law principles. 15. Privacy and Data Policy 

SMART RE collects, uses, and discloses personal data per our Privacy Policy, which forms part of these Terms. 

16. Changes to Terms 

SMART RE reserves the right to modify these Terms at any time. Changes will be posted on this page and effective immediately. Your continued use of the Sites and Service after updates signifies acceptance of the new Terms. 

17. General Terms 

These Terms and any policies referenced represent the entire agreement between you and  SMART RE. SMART RE’s failure to enforce any right does not constitute a waiver. If any part  of these Terms is deemed unenforceable, the remaining provisions remain effective. 

18. Electronic Signature 

Using the Sites or Service or clicking to accept these Terms represents your electronic signature,  creating a binding agreement with SMART RE. 

Contact Information 

SMART RE Corp 

272 E. Via Rancho Parkway, Suite 245 

Escondido, CA 92025 

support@smart.realestate