GENERAL:
Pena-Wasnick Real Estate is a solely owned Brokerage. Pena-Wasnick Real Estate operates a family of Web sites and associated Web pages. It's main site is that of: www.penawasnick.com Any person accessing or using this network is referred to as “you”.
Acceptance of Terms
By accessing or using any part of the Pena-Wasnick Network or the services provided on it or other Web sites as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by Pena-Wasnick Real Estate from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between Pena-Wasnick Real Estate and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time at here, on this page, below. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the Pena-Wasnick Real Estate Network.
Additional terms may govern use of certain Websites or Web pages within the Pena-Wasnick Real Estate Network. In the event that any provision, term or guideline contained on a particular Website or Web page in the Pena-Wasnick Real Estate Network conflicts with the Terms of Use, the terms of such Web site or Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.
General Use of The Pena-Wasnick Real Estate Network
Unless specified otherwise, Pena-Wasnick Real Estate offers you access to the Pena-Wasnick Real Estate Network solely for your personal and non-commercial uses. You agree to only access or use the Pena-Wasnick Real Estate Network only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:
Except with the express written permission of Pena-Wasnick Real Estate, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Pena-Wasnick Real Estate Network.
Except with the express written permission of Pena-Wasnick Real Estate, you agree that you will not create links from any Web site or Web page to any page within the Pena-Wasnick Real Estate Network; provided however upon prior written notice to Move at augie@pena-wasnick.com, you may create a link directly to any of the Pena-Wasnick Real Estate Network home pages, including, but not limited to pages currently located at https://www.penawasnick.com,
https://www.pena-wasnickrealestate.com
The origin of any link to any Pena-Wasnick Real Estate Network home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the Pena-Wasnick Real Estate Network home page. By creating a link to the Pena-Wasnick Real Estate Network, you agree that (a) you will not employ any technology that results in the placement of content from the Pena-Wasnick Real Estate Network in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Pena-Wasnick Real Estate Network from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Pena-Wasnick Real Estate Network. Move reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that Pena-Wasnick Real Estate so requests.
You agree that Pena-Wasnick Real Estate may in its sole discretion and at any time terminate your access to and use of the Pena-Wasnick Real Estate Network, or any part thereof, with or without notice. You further agree that use of the Pena-Wasnick Real Estate Network and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, Pena-Wasnick Real Estate reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.
The Services provided through the Pena-Wasnick Real Estate Network may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by Pena-Wasnick Real Estate to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Pena-Wasnick Real Estate does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release Pena-Wasnick Real Estate from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
You acknowledge that Pena-Wasnick Real Estate is a real estate broker, not a mortgage broker or mortgage lender, and Pena-Wasnick Real Estate does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.
Content Contained in the Move Network
The Pena-Wasnick Real Estate Network and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Pena-Wasnick Real Estate Network (collectively, “Content”) is owned by Pena-Wasnick Real Estate and/or third parties with all rights reserved unless otherwise noted.. Pena-Wasnick Real Estate grants you a limited license to access and use the Pena-Wasnick Real Estate Network and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the Pena-Wasnick Real Estate Network provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Pena-Wasnick Real Estate Network or Content, except with express written consent of Pena-Wasnick Real Estate. You understand that all third party Content posted on, transmitted through, or linked from the Pena-Wasnick Real Estate Network, is the sole responsibility of the third party originator of such Content. Content is provided through the Pena-Wasnick Real Estate Network AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Pena-Wasnick Real Estate be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
Insofar as the Pena-Wasnick Real Estate Network implements Google Maps from Google, your use of Google Maps is subject to the Google Maps/Google Earth Additional Terms of Service at https://www.google.com/intl/en-US_US/help/ terms_maps.html, including the Google Privacy Policy at https://www.google.com/intl/ALL/policies/privacy/index.html.
You acknowledge that Pena-Wasnick Real Estate does not screen or approve third-party Content, and that Pena-Wasnick Real Estate shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available via the Pena-Wasnick Real Estate Network, for any reason.
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the Pena-Wasnick Real Estate Network, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Pena-Wasnick Real Estate Network. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Pena-Wasnick Real Estate as provided below.
You promise that you will not use the Pena-Wasnick Real Estate Network to:
By Transmitting Content to the Pena-Wasnick Real Estate Network, you grant, and you represent and warrant that you have the right to grant, to Pena-Wasnick Real Estate an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Pena-Wasnick Real Estate Network, you grant Pena-Wasnick Real Estate all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Pena-Wasnick Real Estate Network by any party for any purpose.
Pena-Wasnick Real Estate is committed to maintaining the privacy and security of any and all such information that you provide to Pena-Wasnick Real Estate through the Move Network in accordance with its Privacy Policy.
Mortgage-Related Disclosure
This disclosure statement pertains to the conduct of Pena-Wasnick Real Estate, including services Pena-Wasnick Real Estate provides, in connection with the mortgage loan industry and websites and mobile applications operated and or a third party referral by Pena-Wasnick Real Estate.
Pena-Wasnick Real Estate does not confirm, and does not make or give any guarantee regarding,
Pena-Wasnick Real Estate does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by an advertiser, lender, broker or mortgage professional, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.
Pena-Wasnick Real Estate is not a lender, mortgage broker, loan originator, loan processor or underwriter. Pena-Wasnick Real Estate does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions.
Pena-Wasnick Real Estate does not offer loans and does not solicit or participate in the solicitation of loans or loan applications.
Pena-Wasnick Real Estate does not take applications for loans or credit nor issue or participate in the issuance of pre-qualifications or pre-approvals.
Any request for, inquiry about or agreement to receive or be contacted about loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions by any consumer or person (e.g., by way of advertisements on websites or mobile apps operated by Pena-Wasnick Real Estate) is not, and will not be responded to by Pena-Wasnick Real Estate as, an order, application, offer or transaction for any credit, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction or other loan or credit product.
Pena-Wasnick Real Estate does not endorse or recommend any lender, any borrower nor any of the products, rates or offerings of any lender, broker or mortgage professional.
Nothing contained in any mortgage-related ad or other ad is an offer to provide, or a solicitation for, any loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.
Pena-Wasnick Real Estate is not an agent of any consumer or borrower nor of any advertiser, lender, broker or mortgage or loan professional.
Pena-Wasnick Real Estate sometimes may provide advertising services, services to facilitate contact when consumers wish to be contacted by lenders, mortgage brokers or other loan professionals and/or other like services relating to use of websites or mobile apps Pena-Wasnick Real Estate operates.
Decisions regarding loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions are not made by Pena-Wasnick Real Estate but are made by lenders, brokers or other loan professionals which might include participating advertisers of Pena-Wasnick Real Estate.
Pena-Wasnick Real Estate does not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of lenders, brokers or other loan professionals, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between lenders, brokers or other loan professionals and any other person, nor any rates, information or other content on or accessible through any website or app that did not originate solely from Pena-Wasnick Real Estate.
The foregoing disclosures reflect Pena-Wasnick Real Estate's good faith conclusions regarding the subject matter of such disclosures, and Pena-Wasnick Real Estate takes no responsibility for, and shall have no liability as a result of or in connection with, any assertions, findings or conclusions that might be made, adjudicated, established or otherwise reached by anyone other than Pena-Wasnick Real Estate, nor any actual or alleged inaccuracy of or other fault with any such disclosures.
For purposes of this Mortgage-Relate Disclosure statement, “Pena-Wasnick Real Estate” refers to each of Pena-Wasnick Real Estate, Inc. and each of its subsidiaries.
General Terms
Applicable Law; Agreement to Arbitrate
These Terms of Use are governed by the laws of the State of California, U.S.A. without regard to conflicts of laws principles. YOU HEREBY AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT MAY ARISE BETWEEN YOU AND MOVE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PARAGRAPH. YOU AGREE THAT YOU AND MOVE MAY BRING CLAIMS AGAINST EACHOTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MOVE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. FURTHER, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS RULES AND PROCEDURES, AS MODIFIED BY THIS PARAGRAPH. THE AAA'S RULES ARE AVAILABLE AT WWW.ADR.ORG. A FORM FOR INITIATING ARBITRATION PROCEEDINGS IS AVAILABLE ON THE AAA'S WEBSITE AT HTTP://WWW.ADR.ORG. THE ARBITRATION SHALL BE HELD IN THE COUNTY IN WHICH YOU RESIDE OR AT ANOTHER MUTUALLY AGREED LOCATION. IF THE VALUE OF THE RELIEF SOUGHT IS $10,000 OR LESS, YOU OR MOVE MAY ELECT TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE OR BASED SOLELY ON WRITTEN SUBMISSIONS, WHICH ELECTION SHALL BE BINDING ON YOU AND MOVE SUBJECT TO THE ARBITRATOR'S DISCRETION TO REQUIRE AN IN-PERSON HEARING, IF THE CIRCUMSTANCES WARRANT. ATTENDANCE AT AN IN-PERSON HEARING MAY BE MADE BY TELEPHONE BY YOU AND/OR MOVE, UNLESS THE ARBITRATOR REQUIRES OTHERWISE. THE ARBITRATOR'S AWARD SHALL BE FINAL AND BINDING AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES, UNLESS OTHERWISE STATED IN THIS PARAGRAPH. IF A COURT DECIDES THAT ANY PART OF THIS PARAGRAPH IS INVALID OR UNENFORCEABLE, THE OTHER PARTS OF THIS PARAGRAPH SHALL STILL APPLY. ACCESS OR USE OF THE MOVE NETWORK IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pena-Wasnick Real Estate as a result of the Terms of Use or accessing or using the Pena-Wasnick Real Estate Network. Pena-Wasnick Real Estate’s performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of Pena-Wasnick Real Estate’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Pena-Wasnick Real Estate Network or information provided to or gathered by Pena-Wasnick Real Estate with respect to such use.
Interpretation of the Terms of Use
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, 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 Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Pena-Wasnick Real Estate), the Terms of Use constitutes the entire agreement between you and Move Pena-Wasnick Real Estate Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Pena-Wasnick Real Estate with respect to the Pena-Wasnick Real Estate Network. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE PENA-WASNICK REAL ESTATE NETWORK, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. PENA-WASNICK REAL ESTATE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE PENA-WASNICK REAL ESTATE NETWORK, SERVICES AND/OR CONTENT. PENA-WASNICK REAL ESTATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD MOVE, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE MOVE NETWORK AND/OR PENA-WASNICK REAL ESTATE AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.
Limitation of Liability
IN NO EVENT SHALL MOVE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PENA-WASNICK REAL ESTATE NETWORK, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE PENA-WASNICK REAL ESTATE NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE PENA-WASNICK REAL ESTATE NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE PENA-WASNICK REAL ESTATE NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PENA-WASNICK REAL ESTATE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE PENA-WASNICK REAL ESTATE NETWORK, AND ALL OTHER USE OF THE PENA-WASNICK REAL ESTATE NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PENA-WASNICK REAL ESTATE NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PENA-WASNICK REAL ESTATE NETWORK.
Copyright
All materials on the Pena-Wasnick Real Estate Network (as well as the organization and layout of the Pena-Wasnick Real Estate Network) are owned and copyrighted or licensed by Pena-Wasnick Real Estate, its corporate affiliates or its third-party vendors. © Pena-Wasnick Real Estate, LLC. 2018, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Pena-Wasnick Real Estate Network is permitted without the written permission of Pena-Wasnick Real Estate. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Pena-Wasnick Real Estate’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
IP Administrator
Legal Department Pena-Wasnick Real Estate, LLc.
1255 N Cherry Street #173
Telephone: (559) 967-3034
Augie@pena-Wasnick.com
Repeat Infringers. It is Pena-Wasnick Real Estate's policy to terminate in appropriate circumstances access to or use of the Pena-Wasnick Real Estate Network (or any part thereof) by repeat infringers.
Trademarks
REALTOR® and all taglines and stylized logo treatments including any one or more of the foregoing are trademarks of the NATIONAL ASSOCIATION OF REALTORS® and are used with its permission. These and all other trademarks used in this work are the property of their respective owners.
******** PRIVACY POLICY **********
This Privacy Policy was last updated November 8, 2019.
Introduction
MOVE TAKES MATTERS OF PRIVACY AND INFORMATION SERIOUSLY. Please read the following to learn more about our privacy policy (“Privacy Policy”). This Privacy Policy applies to the use of the Sites (as defined below), including by both consumers and Professionals. “Professional(s)” means individuals, companies and other organizations or persons acting as real estate professionals or otherwise engaged in a business relevant to the Sites, including, without limitation, REALTORS®, agents, providers of moving-related services, products or information, homebuilders, lenders, brokers, real estate professionals, re-modelers, seniors-related housing, product or service providers, home service professionals and other service professionals. Except as otherwise indicated, Professionals, consumers and other persons using the Sites are individually and collectively referred to as “you,” and Pena-Wasnick Real Estate a solely owned brokerage together with Pena-Wasnick Real Estate’s subsidiaries and affiliates is referred to as, “Pena-Wasnick Real Estate”, “we”, “us” and “our.” “Consumer” (or “consumer”) shall have its ordinary meaning but generally includes any visitor to or user of the Sites other than Professionals. We use the Sites to provide you with information, resources, tools, products and services specific to the real estate industry and related markets, and to provide you with information about us and our advertisers, and our respective products and services.
The Pena-Wasnick Real Estate family of websites, and mobile apps, mobile-optimized websites and other applications and/or electronic media (such as emails Pena-Wasnick Real Estate sends), linking to or bearing this Privacy Policy and operated by or on behalf of Pena-Wasnick Real Estate (collectively, the “Sites,” and each, a “Site”) are committed to implementing policies and procedures designed to provide for privacy and security and deliver the best possible online experience. To that end, we want you to understand what kinds of information we gather about you, how this information, particularly Personal Information (defined below), is used and safeguarded, and how you can control its use. The Move family of websites includes, but is not necessarily limited to:
https://www.pena-wasnickrealestate.com
In conjunction with this Privacy Policy, you should also review our Terms of Use for a more complete understanding of the rules governing our Sites. Click here for information on Internet safety and security from the Federal Trade Commission.
What Information is Collected About Me?
Information You Give Us: Information collected from you will vary, depending on how you access, visit, use or otherwise take advantage of the Sites and what information you may choose to provide to us (whether through email or otherwise). “Personal Information” means individually identifiable information about you that we collect online or otherwise through the Sites, including, but not limited to, your full name, a user name and password, email address, phone number, physical address, or, for certain products or services, your social security number, or financial information, and for certain e-commerce transactions your credit card information. It may be possible to browse various sections of the Sites without submitting any Personal Information. Individually identifiable information will not be considered Personal Information, and will not be restricted by this Privacy Policy as to use, sharing or otherwise, if it is (a) in a form that is aggregated with other information, anonymized or otherwise processed so as not to be reasonably identifiable with you, or (b) in a form that otherwise is detached, combined, organized, segmented, modified or processed so as not to be reasonably capable of being associated with you. If you access, visit, use or otherwise take advantage of certain of our products and/or services, or certain of our tools, Sites or Site functionality, we may receive or you may be asked to provide Personal Information. For certain Professionals, you may also be requested to provide your license or MLS ID#. Whenever we ask for Personal Information, we strive to provide a link to this Privacy Policy to help you understand how Personal Information will be used before you decide whether to disclose it. You can choose not to provide us with Personal Information, but then you may not be able to fully take advantage of certain features of our Sites and we may not be able to provide you with certain requested information, products and/or services.
Automatic Collection of Information: Like many websites or media on or using the Internet, we automatically track certain information about you as you access, visit, use or otherwise take advantage of our Sites; this is for various reasons, including to help us (i) better understand, offer, operate, improve and modify the Sites, (ii) better understand how the Sites are used and experienced and (iii) enhance, or better understand how we can enhance, your or others’ overall experience on one or more of the Sites, including providing advertising and other information that is relevant to you. This tracked or automatically gathered information may include, among other things, your computer’s (as used in this Privacy Policy, meaning a computer, tablet, smartphone or other relevant device) IP (Internet Protocol) address, identification number or location, the URLs and Site pages you’ve visited, sections of or content on Site pages on which you click or in which you are interested, the number of times you visit each Site page, what downloads and/or search queries you have made, when emails are opened or links are clicked, how long you spent on particular sections of each Site and on each Site generally, and information about your computer, browser or operating system type. This automatically gathered data includes information provided through the use of “cookies” (which is described in more detail below) and other technology or methods described in the paragraph below and may also include information gathered in connection with your use of third-party websites and media. Although not restricted by this Privacy Policy, we may also gather and use information, generated ourself or obtained from others, derived from or based on information you have provided or that is obtained by way of the collection means referred to in this Privacy Policy (e.g., automatically).
Information from Cookies: Cookies are small files that we or others send to and store on or with your computer so that your computer, browser, mobile app or other application can be recognized as unique the next time you access, visit, use or otherwise take advantage of the Sites or other media. Cookies may also reflect demographic data pertaining to you or other data linked to information you submit. One use or consequence of cookies is to enable you to receive customized ads, alerts, content, services or information. You are always free to decline any cookies we use by adjusting the settings of your browser, as your browser may permit; however, some products, services or features might not be available or operate properly if cookies are not enabled. Some of our advertisers and third-party service providers may also utilize their own cookies. You may be able to opt out of third-party cookies. In addition, we, our service providers and others sometimes use data-gathering mechanisms on the Sites, including without limitation “web beacons”, “clear GIFs”, “pixels” and/or “tags”. These perform statistical and administrative functions, such as measuring site and page traffic, verifying advertising paths, better understanding user interests and activity, gathering related information (such as information relating to a particular browser, device or I.P. address) and positioning images, and typically do so without detracting from your online experience. Such mechanisms are not necessarily designed to collect Personal Information. In addition, if you have provided your email address, we might use a non-human unreadable form (or “hash”) of your email address to deliver, or facilitate delivery of, relevant advertisements and information to you on or by way of the Sites or on or by way of other websites or media, including, for example, popular social media sites and features.
Scope of this Privacy Policy: Outside Links. Be aware that our Sites link to other websites and media that may collect data including Personal Information. This Privacy Policy applies only to the Sites, and we are not responsible for the privacy practices, nor the content, associated with any linked websites. You should refer to the privacy policies and statements of other websites or contact the respective Webmasters of those websites to obtain information regarding their information collection, security, use and disclosure policies.
Information Sharing– How Is Information About Me Used and Shared?
The use of information about you depends on the context in which it is collected. Therefore, pay special attention to the categories below that relate to the features of the Sites that you wish to utilize.
Personal Information
We may share the Personal Information we collect from you with your consent or under the following circumstances or understandings.
User-Requested Services and Information: Certain features, products or services on or of our Sites may seek or obtain Personal Information from or about you, which may be used in the following ways:
For information, features, products and services provided by the Sites, the information you submit is used by us to provide the information, feature, product or service you’ve requested. We may also share this information with others to fulfill your request or to facilitate your use of the information, features, products or services, or as otherwise outlined in this Privacy Policy. When sharing Personal Information in such a manner, we may also share your computer’s IP address, identification number or location. In addition, we may use and share any registration information that you submit as set forth in the “Registration Information” section below.
User-Initiated Communication: From time to time, portions of the Sites may enable you to send email and other types of messages to us or to third parties and to participate in bulletin boards and discussion groups. All such emails and messages, and all such postings to bulletin boards and discussion groups, become our property once you submit them. Your computer’s Internet Protocol (IP) address may be included in any email that you send, whether to us or to third parties. Whenever you choose to initiate these kinds of communication with us, or anyone else, you may be contacted in return. Also, remember that our bulletin boards and discussion groups are open to the public, and, therefore, your postings can be seen by anyone and are not protected by us or any other entity. Please use your own discretion when deciding whether and what to post and whom to contact. We reserve the right, in our sole discretion, to edit or delete postings from our bulletin boards and discussion groups. This reservation of rights shall not under any circumstances obligate us to conduct such edits or deletions, nor shall it cause us to be liable for any such edits or deletions.
Leads and Referrals. If you participate in or inquire about any lead, referral or similar service we may offer:
Protection of rights: We will release Personal Information or other information we collect from you if we believe that such action is appropriate to: (1) comply with legal process; (2) enforce the Terms of Use agreement for the applicable Site; (3) identify, contact or bring legal action against persons or entities who we believe have caused or might cause injury to us or a third party, (4) defend or respond to claims brought or threatened against Pena-Wasnick Real Estate, its employees, directors, suppliers or service providers, Site users or others or (5) otherwise protect or assert the rights, property, interests or personal safety of Pena-Wasnick Real Estate, its employees, directors, suppliers or service providers, Site users or others. Any such release decisions may be made by us in our sole discretion.
Asset transfers: We continue to develop our business and in doing so might choose to buy or sell, or expand or otherwise restructure (e.g., by way of joint ventures) with respect to, businesses or assets. Personal Information and other information we collect from you is generally one of the assets acquired, transferred or otherwise shared or affected in connection with such transactions.
Registration Information: The Personal Information you provide when you become a registered user or customer of one of the Sites is used primarily to help us customize or enhance your or others’ online experience, increase the convenience of accessing new or existing tools, products and services, and, if applicable, provide the information, features, products and/or services you purchase or request. This Personal Information may also be shared among the Sites to make use of the Sites more convenient by, for example, limiting the number of times you have to register with us. Your email address serves as a unique identifier in our record system, and together with your password is designed to help us prevent unauthorized access to information you choose to store on the Sites. The data you give us about your personal preferences and demographics (e.g., your age, ZIP code, occupation or the like), as well as the Personal Information and other information we might have or obtain ourselves or from other sources (for example, based on or related to such data), may be used to help us offer content, advertisements, products, and services that we believe will be of interest to you. In addition, we may share this information, in aggregate or other protected form (see “Information You Give Us,” above) or under confidentiality terms, with our current and potential advertisers and service providers so that they, or we, can present and deliver advertisements more effectively. If you forget your password for any registered area of the Sites, we have an automated password recovery system, which can be accessed by clicking on the “Forgot Password?” link on the sign-in page.
National Association of REALTORS® (“NAR”). We may share Personal Information and other information with the NAR and its affiliates in connection with business, advocacy and real estate related matters of interest to Move, the NAR or both, who may use such information to contact you or otherwise with respect to such matters.
Careers. If you submit an application for employment on our Careers page, we will use the information you provide about yourself to process your application. We may also use such information for Pena-Wasnick Real Estate’s recruitment, management and planning programs. Your provision of information to us is voluntary; however, if you fail to provide sufficient information, Pena-Wasnick Real Estate may reject or decline to consider your application. We may also obtain information about you from your references, a background check (as permitted by applicable law) or through automated means based on your use of our Sites. We may share information about you with our affiliates and with third-party service providers in connection with human resources functions (including technical support.)
Special Messaging Consent. By submitting a request or inquiry about (or a request or inquiry for information about), or a request or authorization to be contacted about, real estate-, moving-, neighborhood-, mortgage-, credit-, care- or home-related products, services, offerings, procedures, details or matters you are providing to Pena-Wasnick Real Estate’s associated advertisers, lead customers (e.g., lead or referral service customers), subscribers and Professionals (each, a “Provider”), and to Pena-Wasnick Real Estate, your consent to be contacted for marketing, informational and related purposes in connection with such request, authorization or inquiry by one or more Providers and by Pena-Wasnick Real Estate by telephone device (including, but not limited to, being contacted on a recorded line and potentially by use of automated dialing systems and artificial or prerecorded voice messaging), email, mail or otherwise, based on the phone number, email address and/or other data you have provided. This consent applies even if your phone number, email address or other data is on a corporate, federal, state, local or other do-not-contact type of list or directory (such as the U.S. National Do Not Call Registry). You are not required to consent to receiving autodialer calls, or to otherwise provide this consent, as a condition of purchasing any products or services from Providers or Pena-Wasnick Real Estate. You agree that your submitted request, authorization or inquiry (as described above) acts as your electronic signature for this consent. You acknowledge that for text, SMS, calls and other electronic messages that message and data rates may apply (for example, from your network provider).
Additional Limits on Our Use of Your Google User Data: This section applies only if (i) you are a Professional who subscribes to our Augie's List product and/or our CRM product and (ii) you have opted to link a Google account to the Connections Plus product and/or Top Producer CRM product. Notwithstanding anything else in this Privacy Policy, if you provide us access to the Google data types described below in connection with the Augie's List product, the search dashboard for professionals, and/or the CRM product (collectively, the “Integrations”), our use of that data will be subject to these additional restrictions:
When sharing Personal Information in accordance with this Privacy Policy, we may also share your computer’s Internet Protocol (IP) address, identification number or location.
You (whether you are a consumer, a Professional, a Provider or otherwise) consent to Move (including any designee of Move) contacting you in any manner consistent with information (including Personal Information) you have provided or we otherwise have pertaining to you or consistent with other instructions, requests, inquiries or consents that have been given by you or on your behalf (whether by way of this Privacy Policy or otherwise). If for a particular contact we determine we need consent from you we currently do not have (or are not sure we have), Pena-Wasnick Real Estate (including any designee of Pena-Wasnick Real Estate) may contact you by any available communication means to seek such consent.
Pena-Wasnick Real Estate is not restricted as to information, including Personal Information, except as described in this Privacy Policy or by applicable law.
Sharing of Non-Personal Information
Automatically Gathered Information: Information that is automatically, electronically or otherwise gathered, including through the use of cookies and other technology, may be shared among the Sites. It may also be shared with other third parties, including listing providers, advertisers, service providers and others, so that we may better understand how the Sites are used, to enhance the overall experience on the Sites Sites and to provide you with more relevant advertising on our Sites and on third-party sites where we advertise (see the paragraph titled “Interest-Based Advertising” below) and otherwise in connection with our operation of the Sites and conducting related business. But when so shared with third parties, any Personal Information will be included for such purpose(s) only if first put in aggregated, de-identified or other protected form (see “Information You Give Us,” above) or the third party will be contractually or otherwise restricted as to the use of such Personal Information (for example, restricted to use only in connection with the purpose for which it was shared by Move.)
NewsIQ: We participate in an advertising platform offered by our affiliate David Consulting which gathers information for the purposes as described above.
Hotjar: (coming soon) We use the Hotjar technology service to help us better understand how users experience our Sites (e.g. how much time users spend on specific pages or which links they choose to click) and incorporate that feedback into our Sites. Hotjar collects data on our users’ mouse clicks and movement on our Sites to generate virtual “recordings” of users’ behavior on our Sites. All collected information is stored in a pseudonymized user profile. Neither Hotjar nor we will use this information to identify individual users or to match it with further data on an individual user. For further details, please see Hotjar’s privacy policy by clicking here; you can opt out of the creation of a user profile, Hotjar’s storing of data about your usage of our Sites and Hotjar’s use of tracking cookies on other websites by following this opt-out link. Pena-Wasnick Real Estate is not restricted as to non-Personal Information except as described in this Privacy Policy.
How Can I Access and Change Personal Information?
To view, edit or delete the Personal Information that you submitted on the Sites during registration or during the purchase of a product or service, or that you otherwise submitted as described above:
How Is Personal Information Protected?
Whenever Personal Information is stored on our computers (which may be for an indefinite period, or a more limited time based on obsolescence or other factors), that information is protected from unauthorized access or use by way of passwords or other industry-acknowledged means. In addition, servers of ours that store this information are located behind a firewall. Since your financial information and certain other Personal Information (i.e., your social security number) is especially sensitive, we take special care to keep it secure. We will only electronically transmit or ask for this information over secure Internet connections using precautions such as SSL (Secure Sockets Layer) encryption (an accepted standard for online security), security keys and password authentication from any third parties receiving this information. Finally, to the extent that we may ask for and will store for a period of time Personal Information consisting of your social security number, credit card number or financial information, this information will be stored using precautions such as secure designated servers where access is limited to individuals in departments charged with using such information only in connection with processing your orders and/or payment for products and services purchased; provided, however, that those orders and/or payments processed by our business partners, marketing allies and/or service providers that provide or participate in providing the service or product requested or participate in the payment process may store such information on their servers which are governed by such third party’s privacy policy and security procedures.
Of course, we appreciate your help in safeguarding the integrity of your own and others’ privacy. We hope you’ll use common sense whenever you disclose Personal Information over the Internet. Just as importantly, we encourage you to let us know immediately if you suspect that Personal Information you share with us is being used in any way contrary to this Privacy Policy. Finally, unfortunately no data transmission over the Internet nor any storage of information on servers or other media can be guaranteed or made to be 100% secure; and while we strive to protect Personal Information, as outlined in this Privacy Policy, we cannot promise, guarantee or warrant the complete security of information. To contact us, please send an email to:
Children’s Privacy: Our Sites are general audience websites and media. If you are under the age of 13 you should not register or provide information on our Sites. We do not collect Personal Information from any person we actually know is a child under the age of 13. If you have knowledge that a child under the age of 13 has submitted Personal Information to us, please email Augie@pena-wasnick.com
Interest-Based Advertising
On our Sites, apps and/or emails we and our third-party service providers may obtain information about your activities to provide you with advertising about products and services tailored to your individual interests. We and our third-party service providers also may obtain information for this purpose from third-party websites and apps. We also use third parties (including third-party ad servers) to serve ads on our Sites. This section of our Privacy Policy provides details and explains how to exercise your choices.
Data Sharing with Advertising Networks. We engage third-party advertising networks, including Google, Facebook, Amazon and others, to help us target our messaging to visitors through interest-based and contextual means. Through these ad networks, we can track your online activities over time and across third-party websites and apps by obtaining information through automated means, as described above. This is sometimes called "interest-based", or "online behavioral", advertising, which strives to show you advertisements that are tailored to your individual interests on our Sites or third-party websites and apps. In order to properly target those advertising messages to your specific interests, we may share with our third-party ad networks the data we gather from your visits to our Sites, such as the pages, listings or ads you view, and the actions you take, including the searches you conduct, on our Sites. Our third-party advertisers and/or ad networks may also gather data relating to you in connection with your interactions with the advertisements they place on our Sites. Any third party with whom we share your data will provide the same or equal protection of your data as stated in our Privacy Policy. In order to provide relevant messaging to you, these ad networks also collect and use information from third-party websites and apps that participate in these ad networks. In addition to providing you with more relevant advertising messages, this process helps us track the effectiveness of our marketing efforts.
Opting Out. To learn how to opt out of interest-based advertising on your devices: http://www.aboutads.info/choices or http://www.networkadvertising.org/choices/ in the US. . To learn more about opting out on your mobile device, https://www.networkadvertising.org/mobile-choice for users of our iOS Real Estate Search App, go to our Privacy & Data menu option and review your selections.
To the extent required by applicable law, we will obtain your consent before using your information for interest-based advertising.
Effective Date and Modifications
This Privacy Policy is effective as of the date first written above (the “Recited Date”) and may be updated and modified from time to time by us in our sole discretion. If we choose to update or modify this Privacy Policy, such updated or modified policy shall become effective on the date that is five (5) days after its posting on the applicable Site(s) (the “Modification Effective Date”); this is true even if it were to happen that the Recited Date (as also modified) is a date earlier than the Modification Effective Date, in which case this Privacy Policy, as updated or modified, is effective as of the Modification Effective Date. We encourage you, therefore, to periodically review this Privacy Policy and the Sites in order to keep apprised of our current privacy practices. If you do not agree to any provision of this Privacy Policy, or any update or modification of it, please do not use the Sites.
Contacting Us
If you have concerns about this Privacy Policy or our privacy practices in general, contact us at:
Privacy Administrator
Legal Department
Pena-Wasnick Real Estate
1255 N. Cherry St– Suite 173
Tulare, CA 93274
Fax: (559) 967-3034
Email: Augie@pena-wasnick.com
Peña-Wasnick Real Estate & Property Management
CalDRE Lic #02130476
Copyright © 2019 Peña-Wasnick - All Rights Reserved.
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