PLEASE CAREFULLY READ THE BELOW TERMS OF USE (“Terms”).
Welcome to the Team Phoenix website, operated by Team Phoenix LLC, real estate investor of choice. These Terms govern your access to and use of our website(s) (also “we”, “us” or “our”). We provide access to and use of information, content and communication, including, but not limited to, accounts, blogs, property data, consumer information, ratings, reviews, postings, mobile services, applications, advertising, email, text, virtual or digital display and APIs, by and through our websites (the “Services”). The Services are available to any person or entity (“you” or “your”) conditioned on the acceptance of these Terms. By visiting our websites or using the Services whether by desktop, laptop, television, application or by any other device or means, you have agreed with Team Phoenix LLC to be bound by these Terms (the “Agreement”), including any future modifications to the Terms that may be posted by our website(s). Further, you acknowledge reading and understanding this Agreement. If you have entered the Agreement acting on behalf of a company, organization, governmental or other entity, you represent that you are authorized to do so and bind such entity to these Terms. You must be 18 years of age or older to access our website(s) or use the Services. You represent that you will use the Services in compliance with this Agreement and all applicable local, state and federal laws, rules and regulations.
You agree that the content and technology provided through our website(s) or by the Services, including, but not limited to, textual, statistical, financial, factual, photographic, video, recordings, audio, selection and arrangement of property data and all other data or communication, available through or displayed by our website(s) (the “Content”), is exclusively owned or controlled by Team Phoenix LLC or our strategic partner(s) and/or its licensors, and is protected by United States copyright and intellectual property laws. You acknowledge that your use of the Content will be restricted to your own personal, non-commercial use. You shall not convert, reproduce, redistribute, publish, display, retransmit, broadcast, sell or license or allow anyone else to convert, reproduce, redistribute, publish, display, retransmit, broadcast, sell or license the Content. You agree to comply with any additional use restrictions which may be posted by our website(s) at any time regarding the Content.
You alone are responsible for the content you create (and do not receive from us) such as your blogs, ratings, comments, reviews, articles, audio, video, photos, virtual presentations or other data or communication that you submit to or transmit through our website(s) or the Services (“your content”). You retain your rights to your content, though we may use your content in a number of different ways, including using it as a part of the Services, reformatting it, publicly displaying it, incorporating it into advertising, creating derivative works from it and allowing other third parties to use it as distributed to them by us. You represent that you have the legal right to and do hereby irrevocably grant to us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable and transferable license to use your content as we choose. You represent to us that your content is not in violation of any laws, including, but not limited to, patent, privacy, copyright, trademark or other common laws, statutes or contractual rights. In addition to the indemnity provision in Paragraph 9, you agree to pay all royalties, fees, fines or any other monies owed to any person or entity as a result of your content submitted to or posted on our website(s). You agree that your content will not be unlawful, threatening, abusive, pornographic, harassing, violent, invasive, in violation of copyright, trademark, patent, trade secret or other rights, false, misleading, defamatory, tortious or discriminatory which includes hateful content based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. You are solely responsible for the completeness and accuracy of your content, and you waive any claim that your content violates any of your rights to privacy. You also agree not to submit your content in a commercial manner such as advertising or promoting your services without a separate written agreement. We reserve the right, but have no obligation or responsibility, to remove, monitor, screen, store or edit your content. We also reserve the right, at our sole discretion, to terminate your account and to remove your content from our website(s) for any reason or no reason, though we reserve the right to store and use your content, even after termination, as previously expressed herein.
Team Phoenix LLC website(s) may contain links to third-party websites or advertisers (collectively “External Links”). We are not responsible or liable for: (i) the availability or accuracy of such External Links; or (ii) the information, products, or services on or available from such External Links. The providing of External Links does not imply any endorsement by us of such websites or resources or the information, products, or services available from such External Links. When you engage or access External Links, you are interacting with that third party and not with us. Thus, your identity, information and data may be used by such External Links. You acknowledge sole responsibility for and assume all risk arising from your use of any such External Links, and we urge you to read the terms of use and privacy policy available from External Links since they will apply to you. Further, please see our Privacy Policy as it relates to use of External Links by you.
Unless we expressly authorize you in writing, you may not modify, publish, copy, display, transmit, reproduce, license, create derivative works from, adapt, transfer, sell or in any manner commercially exploit any of the Content. This prohibition includes, but is not limited to, the practice of “screen scraping” which we consider theft or conversion of the Content and those who obtain the Content in this manner will be liable to Team Phoenix LLC. By using our website(s) or the Services you represent to us that you will not use your content or the Content for any unlawful purpose, tortious conduct or any prohibited use. If we determine, in our sole discretion, that you are in violation of the Agreement, then we may block your access to or use of our website(s) and/or the Services or terminate this Agreement.
Some Services permit or require you to register information or create an account to access certain areas of our website(s) or to have contact with a Realtor®/licensee. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You consent to us or a Realtor®/licensee, as may apply, contacting you by your email and by your cell phone number you may provide through the Services. You consent to us or a Realtor®/licensee, as may apply, using third-party and publicly sourced information about you generated from information you submit when prompted by us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s email, password or other account information, or another person’s name or likeness. You are responsible for all activities that occur through your account and password. You do have the right to terminate, control or modify information in your account settings at any time. Team Phoenix LLC reserves the right, at its sole discretion, to terminate or restrict your account at any time, with or without notice.
You represent to Team Phoenix LLC, that any and all use of the Services by you will be done in an ethical, legal and lawful manner, abiding by any applicable federal, state and local law, and any applicable code of ethics. For example, you shall NOT by use of the Services:
Team Phoenix LLC reserves the right, at its sole discretion, to terminate or restrict your Services at any time, with or without reason or notice.
YOU ACCESS AND USE OUR WEBSITE(S), THE SERVICES AND THE CONTENT AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, OUR OWN NEGLIGENCE, WILL WE BE LIABLE TO YOU IN RELATION TO THE CONTENT AND THE SERVICES, AND YOU HEREBY RELEASE US FROM LIABILITY FOR ANY ACTUAL, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES TO YOU OR YOUR PROPERTY (REAL OR PERSONAL) THAT RESULT FROM: YOUR ACCESS TO OR USE OF OR INABILITY TO USE OUR WEBSITE(S) OR THE SERVICES, THE CONTENT OR YOUR CONTENT, DELETIONS OF YOUR CONTENT, DELAYS IN TRANSMISSION OF INFORMATION, INTERRUPTIONS OR FAILURE IN CELLULAR, WIFI OR INTERNET CONNECTION TO OUR WEBSITE(S), VIRUSES, OUR CONDUCT OR BY OUR NEGLIGENCE, YOUR CONDUCT OR CONDUCT OF THIRD PARTIES OR OTHER USERS, ACTS OF GOD, AND UNAUTHORIZED ACCESS TO THE SERVICES, OUR WEBSITE(S) OR YOUR ACCOUNT (OR RELATED INFORMATION, RECORDS OR YOUR PRIVATE INFORMATION). THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION ASSERTED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE, IN EQUITY OR OTHERWISE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEAM PHOENIX LLC., THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT OUR WEBSITE(S) OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, AUTHENTICITY, OR RELIABILITY OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH OUR WEBSITE(S). WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO OUR WEBSITE(S) AND ALL CONTENT AND INFORMATION AVAILABLE THROUGH OUR WEBSITE(S) AND THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Team Phoenix LLC AND THE INFORMATION AVAILABLE THROUGH OUR WEBSITE(S) ARE ALWAYS SUBJECT TO CHANGE.
YOU AGREE TO DEFEND AND INDEMNIFY US AND OUR PARENT COMPANY, AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“INDEMNITEE”) FROM ANY AND ALL EXPENSES, LOSSES, DAMAGES, LIABILITIES, SUITS, CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, LITIGATION COSTS AND EXPERT FEES, INCURRED BY ANY INDEMNITEE IN RELATION TO YOUR (OR ANY USER OF YOUR ACCOUNT(S)): 1) BREACH OF THE AGREEMENT; 2) USE OF THE SERVICES; 3) CONDUCT TOWARDS A THIRD PARTY; 4) USE OF THE CONTENT OR YOUR CONTENT; OR 5) ACCESS TO OUR WEBSITE(S).
The information contained in or made available by our website(s) does not and is not intended to convey any form of advice to you regarding the lease, sale or purchase of real property. Further, you are not relying on Team Phoenix LLC for advice. The information on our website(s) cannot replace or be a substitute for the separate advice of a professional such as a Realtor® or a licensee or a lawyer you may engage with respect to your understanding and use of the information on our website(s). You acknowledge that we are not advising or recommending to you which Realtor® or licensee, if any, should be used for any matter, nor do we suggest what terms should be a part of any arrangement with a Realtor® or licensee. Any information received through a blog, article or a Realtor® or licensee on Hour website(s) is purely opinions of those individuals and should be independently verified. Likewise, any information you review or receive on or from our website(s), including, but not limited to, information in relation to properties, Realtors®, licensees, the Services, governmental entities, location data or all other data related to real estate, is purely informational, should be independently verified and you acknowledge to have not relied upon it, in part or in whole, in entering any transaction or making any decision.
Team Phoenix LLC may make changes or improvements to the Services, the Content or other information on our website(s) at any time without notice. Any modifications to the Terms will become effective once posted on our website(s).
By accessing our website(s) and as a part of the Agreement, you are bound by our Privacy Policy and you hereby give full consent of our use of information from or about you as provided therein.
This Agreement is governed by laws of the State of Delaware without regard to principles of conflicts of laws. The federal or state district courts in it’s applicable County, Delaware shall have exclusive jurisdiction and venue over you and for any action at law or in equity that arises out of or relates to the Agreement, the Services or our website(s) for Team Phoenix LLC. Further, you waive any objection to such jurisdiction and venue.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings related to this Agreement.
If any of the Terms are found to be waived, unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining terms in the Agreement.
This Agreement contains the entirety of the agreement between you and Team Phoenix LLC., for the access to or the use of our website(s) and the Services and cannot be orally modified by you or us. This Agreement can be modified only by our posting of changes to it on our website(s).
It is expected that Team Phoenix LLC and our website(s) will comply with applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or agent thereof and believe, in good faith, that there is a copyright infringement upon your copyrights on our website(s), then please provide notice with the following information to the designated copyright agent listed below:
DMCA Designated Agent
Natalie Grant
Executive Director
Natgrant@tpreioc.com
We reserve the right, at our sole discretion, to delete or disable content alleged to be infringing and to terminate accounts of repeat infringers.
If you believe that your content that has been removed from our website(s) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Upon receipt of your counter-notification, we may or may not, at our sole discretion, replace or re- enable access to your content at issue.
Team Phoenix LLC may suspend your ability to use all or any party of the Services or may terminate this Agreement at any time and at its sole discretion, without notice or explanation. Any termination of your account or this Agreement may cause your content to be deleted, though we reserve the right to store and use your content as expressed in Paragraph 3. Further, Paragraphs 2, 3, 5, 8, 9,10,13 and 14 above survive any termination of this Agreement.
Effective on: 01 April 2021
Team Phoenix LLC., (“our”, “us” or “we”), a Delaware corporation, operates our website(s) whereon real estate information from strategic partners and related services are available to a visitor and to Realtors®/licensees (for both “you” or “your”).
Our website(s) were created to provide visitors, including but not limited to Realtors®/licensees information in relation to the sale or rental of real estate. This Privacy Policy describes our policy relative to any and all information relating to you that you have provided to us or that we have collected from you. Upon your use of our website(s), by activating any account with our website(s) or by interacting with a Realtor®/licensee, you consent to our collection, use and disclosure of all information about you pursuant to this Privacy Policy. Further, you hereby acknowledge by your use of our website(s) that you are bound by this Privacy Policy and our Terms of Use.
This Privacy Policy applies only to certain information we collect, process and use through our website(s). This Privacy Policy does not apply to information that we collect through other channels, such as information that we collect offline, from other websites, third parties, public sources or from your blogs, posts, comments, texts, emails or uploaded content you provide to our website(s).
a.) Information You Submit To Us. We do not collect any personally identifiable information from you unless you register under a our website(s) account or with strategic partner who may be a Realtor®/licensee. If you sign up for any our website(s) account, or register with a Realtor®/licensee, we collect information you submit to us such as your email address, your first name and last name, telephone numbers, photo, username/password and any other information that you choose to provide to us or a Realtor®/licensee (“your information”) so that we or a Realtor®/licensee may verify your identify (through use of a third party contractor who actually processes the personal information you submit) and provide you service. Use by and disclosure of your information to a Realtor®/licensee is with your consent, is entirely optional and is a service available if you desire to receive information or services related to real estate. We do not collect or store “sensitive” or “special categories of personal data” information as defined under European data protection laws. If a credit card number is submitted by you, then it and some of your information is processed by third-party credit card processing companies solely for payment. They are not permitted to use the credit card or your information for any purpose other than to fulfill the specific purchase transaction. We do not store or save your credit card number.
b.) IP Address. We may collect your IP (Internet Protocol) address to administer our site. When a web browser or email application requests a web page or email from another device on the Internet, it automatically gives that device the address where it should send the information. This is called the computer’s “IP address”. This “address” does not contain any personally identifiable information.
c.) Cookies and Web Beacons. Cookies are bits of electronic information that can be transferred to any device such as a computer or mobile device to uniquely identify its browser. When you visit our website(s), we may place one or more cookies on your device. The use of cookies helps us improve the quality of our services to you, by identifying information which is most interesting to you, tracking trends, or storing information you may want to retrieve on a regular basis, such as your favorite homes. At any time, you may adjust the settings on the browser of your device to refuse cookies. However, if you choose to disable cookies, many of the free features and services onour website(s) will not operate properly. Also, the pages of our service may include Web beacons, which are electronic files to count users who have visited that page.
d.) Third-party Cookies. We work with service providers and advertising networks to track and manage cookie information and your activities while you are on our website(s). Our third-party ad network providers and third-party advertisers may provide you with advertisements that you may see on our website(s) or on other affiliated websites. To improve the relevancy and help measure the effectiveness of such advertisements, these ad networks or advertisers may use cookies, Web beacons, or similar technologies. These are used to record your online activity, such as the pages visited, and to learn what types of information are of most interest to you.
Use of these technologies by third-party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy. Learn more about our participation in the Network Advertising Initiative, and the choices you have about these technologies (such as opting-out) at networkadvertising.org The Network Advertising Initiative offers some centralized opt-out tools; otherwise you must visit each provider’s website individually and opt out. Opting out of these services does not mean you will no longer receive online advertising. It does mean that the service from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.
e.) Usage Logs. When on our website(s), your device communicates a variety of information to computer servers, including the existence of cookies, your Internet Protocol address, and information about your browser program. We also create a record of information you are requesting, such as the page or subject areas you are visiting.
f.) Location Data. Our website(s) can provide you with helpful information based on where you are. If you tell us where you are (e.g., by allowing your device to send our website(s)your location), our website(s) may use that information to provide you with location-based information and advertising. Your general location information may be shared with third parties. If you wish to deactivate this feature, you can disable location services on your device.
g.) Social Information. When you enter our website(s) through Google, Facebook, Twitter or any other third-party authorization service (“Social Information Site”), we may receive information that you authorize the Social Information Site to share with us, which may include your information. When we receive this information, it becomes Team Phoenix LLC information for purposes of your use of this site. Your information would also be subject to our Privacy Policy. Any information that we collect from your Social Information Site account may depend on the privacy settings you have set with that Social Information Site, so please consult that Social Information Site’s privacy policy. You have the ability to disconnect your Social Information Site account from our website(s) by adapting the privacy settings in your Social Information Site account. If you come to the our website(s) through a Social Information Site, from other websites or with devices that enable third parties to collect information from or about you, such third parties receive information about you subject to their privacy policies. We may make use of the information that they provide us to further customize your our website(s) experience.
h.) Members Only. To gain access to the members-only resources, members are given a login and password. We do not collect any personally identifiable information from members, affiliates or service providers online unless you voluntarily create an account or profile or complete our service provider or advertising forms. During this process we collect contact information such as name, business address, home address, photo, birthday, photo, telephone numbers (including mobile), and email address. Team Phoenix LLC will use this information to provide requested services such as access to the Members Only Site, member Websites, and the Member Finder. Team Phoenix LLC., may use your email address or mobile phone number to contact you for business, weekly newsletters, updated information, surveys or promotions. Team Phoenix LLC., will use your mailing address and/or email address to send print and/or online versions our content. We use a third-party credit card processing companies to process payments. They are not permitted to use the credit card information or your information for any purpose other than to fulfill the specific payment transaction. We do not store or save your credit card number, but we may keep a generic and non-personal identity of your account for reoccurring membership payments. A list of these vendor companies and the one for your account is available upon request.
a.) To Provide You Services. If you have chosen to receive information from Team Phoenix LLC or a Realtor®/licensee by submitting your information to them, then that person may use your information to identify you, contact you and provide you services. If you have activated some type of account, we may share your information and activity from that account with our investor or strategic partners such as Realtors®/licensees in order for them to provide you real estate related information. Team Phoenix LLC., will use information collected as described in 1. b)-f), internally, to provide you better services on our website(s). Also, Team Phoenix LLC., may use your email address to contact you for any updated information, surveys or promotions.
b. ) Entity Sale. We may disclose, transfer, sell or assign your information obtained through our website(s), or information otherwise in its possession, to third parties as a result of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of Team Phoenix LLC.,. You will be notified via email or prominent notice on our website(s) for 30 days of any such change in ownership or control of your information.
c.) Investigations. We may also make your information available to law enforcement personnel and agencies when requested to do so or as required by law, subpoena or court order. We may disclose information that is useful or helpful to prevent, investigate or address possible wrongdoing in connection with any service provided by us, to protect our services as well as our users, affiliates, vendors, us or the public and to enforce our Terms of Use. Information you provide to us relative to complaints or comments about another may be shared with the person or entity to which the complaints or comments were directed as well as the public.
d.) Retention and Termination. We will retain your information for as long as your account is active or as needed to provide you services. The subsequent use, management or disclosure of any information collected by or provided to third parties such as Realtors®/licensees is subject to their privacy policies and practices. If you wish to cancel your account with us or request that we no longer use your information to provide you services, then contact us. We will retain and use your information as necessary to comply with our legal obligations, perform investigations, resolve disputes, and enforce our agreements.
Team Phoenix LLC., offers you the opportunity to correct, update and amend your information at your our website(s) account at any time. Simply access your account settings page and change, remove or update your information there. You can withdraw your consent for our use of your information at any time by going to your account settings and deleting the account. Withdrawing your consent will not affect the lawfulness of any processing of your information we conducted prior to your withdrawal or deletion, nor will it affect processing of information conducted in reliance on lawful processing grounds other than consent. If you have any concerns, want an electronic copy of your information from your account, or need help in correcting, updating, amending or removing your information at our website(s), and we will help you in any way possible.
You may receive email from our website(s) for a variety of reasons. We respect your desire to manage email correspondence. If you have an account with our website(s), you can select your preferences through your account tools. Also, you can manage your receipt of some types of communication by following the instructions included in the email we send you. If you wish not to receive further emails from real estate entities or agents with whom you have registered, then you must personally contact that entity or agent and convey that information to them.
We also want you to know that we take the security of your information very seriously. We use industry accepted tools and procedures that protects certain data in our system. However, due to the open communication nature of the Internet we cannot guarantee that information we receive from you or that communication between you and us and us and you will be free from unauthorized access by third parties.
We are not responsible for the availability of or the business and privacy practices for other websites which are linked or connected to our website(s). We provide these links for information and service. We do not take responsibility for the contents, advertising, products or other materials made available through any other websites nor for their data collection practices. We refer you to their privacy statements and policies to learn how they collect and use information about you.
Team Phoenix LLC., is intended for general audiences and is not directed to children under 18. We do not knowingly collect information from children under 18. If you become aware that a child has provided us with information without parental consent, please contact us. If we become aware that a child under 18 has provided us with information without parental consent, we take steps to remove such information and terminate the child’s account.
Team Phoenix LLC., reserves the right to make changes to its Privacy Policy at any time. Any changes will be effective on the Effective Date noted above. Your use of our website(s) after the Effective Date constitutes your acceptance of any changes to the Privacy Policy. It is your responsibility to read and understand what, if any, changes affect you.
If you have any questions about our Privacy Policy or the practices of our website(s), you can submit a message via the contact us selection on our website(s).
Team Phoenix is a real estate investment company. We are in the business of helping others. Such as, helping you, or someone that you may know who finds themselves in a position of wanting to quickly relieve property that is no longer desired. We connect buyers with opportunities to purchase quickly...