Glen Kelly Real Estate LLC Privacy Policy, Text Messaging Opt-In & Opt-Out, and Terms and Conditions
UPDATED PRIVACY POLICY
Privacy Notice
This privacy notice discloses the privacy practices for Glen Kelly Real Estate LLC and www.glenkelly.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:
What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
Glen Kelly Real Estate LLC is the sole owner of the information collected on this site. We only have access to collect information that you voluntarily give us via email, text, phone conversation or other direct contact from you.
We will not sell or rent this information to anyone
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to mail you company information you requested about possibly selling your home.
Unless you ask us not to, we may contact you via email, text or phone in the future to tell you about specials, new products or services, or changes to this privacy policy.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
We take your privacy and security very seriously. Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information.
We do not collect nor do we store internet data cookies.
Text Message Opt-In and Opt-Out
SMS, or text messaging, is an increasingly popular channel for all businesses to engage customers, thanks to its high open rate and timely nature.
However, as a business, you must follow certain guidelines when adding and removing customers from your text message lists to ensure you only send messages customers want and comply with SMS regulations.
These are text message opt-in and opt-out guidelines, and this will explain everything you need to know about them.
What is an opt-in text message?
An opt-in SMS is a text message where a customer gives a business explicit consent to send them marketing messages. All clients / customers contacting Glen Kelly Real Estate LLC may receive a text message at first contact. After the first contact your may Opt-In to receiving additional messages or Opt-Out to stop receiving any messages. You always have the right to Opt-In to our messages or Opt-Out at anytime.
What is an opt-out text message?
An opt-out SMS is a text message a customer sends to tell a business they no longer want to receive promotional messages.
For example, your welcome message may include “Reply STOP to unsubscribe.”
Once the customer replies with the opt-out keyword, businesses typically send a reply that confirms the customer won’t receive further promotional text messages. Additionally, the message may offer instructions on how to resubscribe to text messages at any time.
SMS regulations and compliance
Before we dive into the regulations that apply to promotional text messages, let’s define the difference between transactional and promotional messages.
Transactional messages contain information the customer needs, and the customer triggers these by taking an action like listing or selling a home. These messages are usually automated. Glen Kelly Real Estate LLC is clear that if the customer / client provides their phone number, it'll only use it to send them relevant transactional text messages.
Promotional messages prompt the recipient to take another action. This includes messages about new listings, mortgage alerts, rental alerts, etc. Promotional messages are sent to every client / customer at first contact. You can Opt-in or Opt-Out of promotional SMS, It is totally up to you. You are always in control.
Your number and or contact information is never sold to anyone.
Thank you for reading our Privacy Policy and Information Pertaining to Opt-In and Opt-Out Text Messaging
If you feel that we are not abiding by this privacy policy, or you have been receiving spammy type messages from possible scammers, you should contact us immediately via telephone at 732-244-0567 or via email glenkellyrealestate@aol.com
TERMS AND CONDITIONS
Last Updated: January 01, 2024
Please read these Terms and Conditions / Terms of Use (this “Agreement”) carefully. This Agreement is a legal agreement between you and Glen Kelly Real Estate LLC and its affiliates (as applicable, based on the Services) (“we,” “us,” “our,” or “GKRE”) governing your access and use of any website or mobile application provided by us from which you are accessing this Agreement (collectively, the “Services”). “You” and “your” mean both an individual using the Services and an entity if you are using the Services on behalf of, or for the benefit of, an entity (for example, a Glen Kelly Real Estate LLC services). The parties to this Agreement shall be known collectively as the “Parties” and singularly as a “Party”.
You will NOT be offered to register for an account on this website. We do NOT offer user accounts of any kind on this website.
GKRE is a real estate company. Glen Kelly Real Estate LLC has relationships with real estate agents who are their independent contractors (each, a “GKRE Agent”). This Agreement does not apply to any products or services, including any real estate brokerage or ancillary services, offered or provided to you by Glen Kelly Real Estate LLC or their GKRE Agents (collectively, the “Other Services”), regardless of whether the Other Services were initiated by your interaction with the Services (including websites where GKRE operates the website’s infrastructure) or directly with GKRE Agent(s). Please consult with our GKRE Agents, as applicable, to learn more about any terms and conditions that apply to their provision of the Other Services.
This Agreement contains a mandatory arbitration provision that, as described in Section 16 below, requires use of arbitration on an individual basis to resolve disputes, rather than by jury trials or any other court proceedings, or class actions or class arbitrations.
1. Effective Date. The “Last Updated” legend shows when this Agreement was last changed. We may change this Agreement by notifying you by any reasonable means, including posting a revised Agreement through the Services.
Subject to applicable laws, we may, at any time and without liability: (a) modify or discontinue all or part of the Services; or (b) charge, modify, or waive any fees required to use the Services.
2. Nothing fancy to see here. We only offer a website for customers to search and learn more about Glen Kelly Real Estate LLC and our GKRE Agents. We do NOT track cookies, we do NOT allow user accounts, we do NOT allow users to post anything on our website. Our website is simply a way we use to advertise our company and our agents and our services.
3. Registration; Usernames and Passwords; Communications. You can NOT create a Username, Password on our website. Communication with our company is done via email, text message or telephone call. You may also opt-out of any text messages at anytime by reply with "STOP".
4. By using our website, you agree that GKRE does NOT track website user cookies of any kind. We do NOT automatically collect information from you and your device while you use our Services. This information may include any actions you take on our websites or mobile applications, including links visited, session details and duration, and what you type into our websites or mobile applications.
5. Your Conduct. You represent, warrant, and covenant that you will NOT:
Use the Services in any way or for any purpose that is unlawful, violates any federal, state, or local laws or regulations, or for any other purpose that is fraudulent, or otherwise tortious.
Hack into our website to post, transmit, or make available any materials through the Services that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Introduce any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment into or through the Services.
Link, integrate, or provide access to the Services or related infrastructure without GKRE's prior explicit permission.
Impersonate someone else in relation to your activities on the Services.
Transmit any spam, chain letters, or other unsolicited communications through the Services.
Harvest or collect information about users of the Services.
Interfere with the operation or content of the Services, or the servers or networks used to make the Services available (for example, by hacking or defacing any portion of the Services), or violate any requirement, procedure or policy of such servers or networks.
Inhibit any other person from using the Services.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of the Services.
Reverse engineer, decompile or disassemble any portion of the Services.
Remove or alter any copyright, trademark, or other proprietary rights notice from the Services.
Frame or mirror any portion of the Services or incorporate any portion of the Services into any product or service.
Systematically download or store Services content.
Tamper with or circumvent any security technology associated with the Services.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent.
We may monitor your use of the Services to determine your compliance with this Agreement. We may remove or refuse any data or material included in the Services, in whole or in part, for any reason. We may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use.
You agree to be solely responsible for becoming aware of understanding and complying with the most recent versions of all applicable laws and regulations that relate or apply to your use of the Services.
You acknowledge that you are solely responsible for identifying, interpreting, understanding, and complying with all applicable federal, state, and local laws and regulations regarding your use of the Services, including selecting and engaging any legal counsel you may deem necessary to ensure compliance therewith.
6. Third Party Materials; Links. Some of the Services’ functionality may be provided by third parties, including Apps (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing and permitting us to access, route, and transmit to you the applicable Third Party Materials.
We do not endorse, and make no representations or warranties related to, any aspect of the Third Party Materials. The third-party App providers may present you with their own terms, conditions, and policies (the “Third Party Terms”). You are solely responsible for reviewing and complying with any Third Party Terms you agree to. For your and the Services’ security, or for any other reason deemed appropriate by us in our sole discretion, we may block or disable access to any Third Party Materials (in whole or in part) through the Services at any time.
7. Transactions. You may NOT purchase any products on our website. We only offer real estate related services as a licensed real estate company in New Jersey (NJ).
8. Subscriptions; Payment Authorization. There are NO paid subscriptions to anything on this website. With the exception of having the ability to opt-in to receiving text messages.
9. Feedback. If you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), such Feedback will be deemed a Submission (as defined below), and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place us under any fiduciary or other obligation.
10. Submissions. Any posts, blogs, reviews, comments, or similar content you make available to us through the Services will be considered “Submissions.” For each Submission, you grant to us an unlimited, worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third-party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission for any purpose (provided that our use and other processing of Personal Information as defined in the Privacy Policy does not violate the Privacy Policy), in any format or media.
11. Our Proprietary Rights. We and our third-party licensors (as applicable) own the Services, which are protected by United States and international intellectual property and proprietary rights and laws. Our trade names, trademarks and service marks include Glen Kelly Real Estate LLC, Glen Kelly, Realty and GKRE, and any associated logos. All trade names, trademarks, service marks, logos, copyrightable works and other content, information, or materials on or made available through the Services that are not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks, logos, copyrightable works or other content, information, or materials without the express prior written consent of the owner.
12. Disclaimer of Warranties. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND AND WE DO NOT PROVIDE ANY WARRANTY THAT THE SERVICES WILL BE FREE FROM ERRORS OR INTERRUPTION. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation of Liability. NEITHER WE, NOR OUR AFFILIATES, AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATED ENTITIES”) WILL BE LIABLE FOR: (A) ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COST OF COVER, OR PUNITIVE DAMAGES; OR (B) AGGREGATE LIABILITY OF ALL AFFILIATED ENTITIES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEEDING THE GREATER OF: (I) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CAUSE OF ACTION FOR DAMAGES, OR (II) FIFTY DOLLARS ($50.00), IN THE CASE OF BOTH (A) AND (B) WHETHER ARISING OUT OF, RELATING TO, OR RESULTING FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES (INCLUDING ANY APPS OR THIRD PARTY MATERIALS) IS TO STOP USING THE SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH US AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Indemnity. You will defend, indemnify and hold harmless us and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees and expenses) arising out of or relating to: (a) your use of, or activities arising out of, relating to, resulting from, or in connection with, this Agreement, the Services (including all Submissions and Third Party Materials), or the Other Services; and (b) any violation or alleged violation of this Agreement by you.
15. Termination. This Agreement is effective until terminated. We may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with this Agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third-party, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials. Subject to the limitations and other provisions of this Agreement: (a) the representations and warranties of the Parties contained herein will survive the expiration or termination of this Agreement; and (b) any provision that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or termination of this Agreement for the period of time necessary to give proper effect to the intent of the provision.
16. Governing Law; Dispute Resolution; Class Action Waiver. This Agreement and your activities under it, are governed solely by and shall be construed solely in accordance with the laws of the United States and the State of NJ, U.S.A., without regard to its principles of conflicts of law regardless of your location.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (“Dispute”), WILL BE RESOLVED VIA ALTERNATIVE DISPUTE RESOLUTION INSTEAD OF IN COURT BY A JUDGE OR JURY.
In the event of a Dispute, each Party will promptly appoint a knowledgeable, responsible, and authorized representative to meet and negotiate in good faith to resolve the dispute. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives during the ninety (90) days following appointment of the representatives for the Parties. Discussions and correspondence among the representatives are solely for purposes of a prospective settlement of the Dispute and are exempt from any discovery and/or production in any future proceedings and will not be admissible therein without the concurrence of the Parties.
If a Dispute cannot be settled through these discussions, the Parties agree to attempt to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures during the ninety (90) days following termination of the discussions of the representatives for the Parties. Mediation shall be in Ocean County, NJ U.S.A. The Parties will cooperate with one another in selecting a mediation service and will cooperate with the mediation service, and with one another, in selecting a neutral mediator and in scheduling the mediation proceedings. The mediator’s fees and expenses will be shared equally between the Parties.
The Parties further agree that any unresolved Dispute following mediation shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Ocean County NJ U.S.A.
Time is of the essence for any arbitration under this Agreement and all arbitration hearings shall take place within one hundred fifty (150) days of filing and any final award rendered within one hundred eighty (180) days of filing, with the arbitrator agreeing to these limits prior to accepting appointment. In making determinations regarding the scope of exchange of electronic information, the arbitrator and the Parties shall be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production.
The arbitrator will have no authority to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute. The arbitrator shall award to the prevailing Party, if any, as determined by the arbitrator, all of their costs and fees (e.g., reasonable pre-award expenses of the arbitration, including arbitrator fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone charges, witness fees, and attorneys’ fees). Except as may be required by applicable law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties. The Parties agree that failure or refusal of a Party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that Party to present evidence or cross-examine witnesses.
YOU FURTHER AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY, AND YOU ARE AGREEING TO GIVE UP ANY LEGAL RIGHT YOU MAY HAVE TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.
17. Information or Complaints. If you have a question or concern regarding the Services, please email glenkellyrealestate@aol.com. You may also contact us by calling us at (732) 244-0567. Please note that e-mail communications are not necessarily secure. Accordingly, you should not include personal or payment information or other sensitive information in your e-mail correspondence with us.
18. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Services infringe your copyright, you (or your agent) may send us a written notice by mail, e-mail or fax, requesting that we remove such material or disable access to it.
19. Export Controls; International Use. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users. We make no representation that the Services are appropriate, will be available for use, or will function as intended in locations outside the United States, and access to the Services from territories where such Services are illegal is prohibited. If you choose to access the Services from locations outside the United States, you do so at your own risk and are solely responsible for compliance with applicable local laws and regulations. Additionally, if you access or use the Services from outside the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located, and you hereby consent to such transfer, storage, and processing of your information to and in the United States.
The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject us or our Affiliated Entities to any registration requirement within such jurisdiction or country.
20. Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. You acknowledge and agree that, except as otherwise expressly provided in this Agreement, there will be no third party beneficiaries to this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either Party of any breach or default under this Agreement will be deemed to be a waiver of any other breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein and any addenda hereto, is the entire agreement between you and us regarding its subject matter, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links) to the most recent e-mail address that you have provided to us, or by regular mail to the most recent mailing address that you have provided to us. Without limitation, a printed version of this Agreement and of any notice given in electronic form will 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. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our reasonable control.