Terms of Service
1. Introduction
Welcome to the website of SmartytheRealtor in Philadelphia and Surrounding Areas. By accessing or using this site, you agree to comply with and be bound by the following terms and conditions. If you disagree with these terms, please refrain from using our site.
2. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Service Agreement (“Agreement”) concerning our website (“Site”). This Agreement constitutes the entire and only agreement between you and us. It supersedes all prior or contemporaneous agreements, representations, warranties, and understandings concerning the Site, the content, and services provided by or listed on the Site. We may amend this Agreement anytime without you giving us specific notice. The latest Agreement will be posted on the Site, and you should review this Agreement before using the Site.
3. TCPA & Registration Terms
In compliance with the Federal Communications Commission’s (FCC) new “one-to-one” consent rule effective January 27, 2025, if you choose to register on our website, you consent to receive auto-dialed and/or pre-recorded telemarketing calls and/or text messages from or on behalf of SmartytheRealtor in Philadelphia and Surrounding Areas at the provided number. Standard message and data rates may apply. You certify that the provided number is your own and not that of anyone else. If your number changes, please notify us promptly. To opt out of communications, respond with “STOP” or contact us directly.
4. Our Real Estate Services
By opting into our SMS services, you agree to receive:
• New home alerts based on your criteria.
• Notifications about upcoming open houses and events.
You can cancel the SMS service at any time by texting “STOP” to the shortcode. Upon sending “STOP,” we will confirm your unsubscribe status via SMS, and you will no longer receive messages from us. To rejoin, sign up as you did initially. For assistance, reply with “HELP” or contact us directly at SmartytheRealtor. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply; message frequency varies. For privacy-related inquiries, please refer to our privacy policy: https://smartytherealtor.com/privacy-policy.
5. Copyright
The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws. Unauthorized use, modification, or publication of any such materials is strictly prohibited without our express prior written permission.
6. Modifications and Deletions
We reserve the right, in our sole discretion, to edit or delete any documents, information, or other content appearing on the Site, including this Agreement, without obligation or notice to you.
7. Indemnification
You agree to indemnify, defend, and hold us, our officers, shareholders, partners, attorneys, and employees harmless from any and all liability, loss, damages, claims, and expenses, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site
8. Disclaimer
THE CONTENT AND SERVICES FROM OR LISTED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
9. Limitation of Liability
We disclaim all responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document. We will not be liable to you for any incidental, special, or consequential damages of any kind that may result from use of or inability to use the Site.
10. Third-Party Websites
Our Site may contain links to third-party websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
11. Submissions
All suggestions, ideas, notes, concepts, blog posts, and other information you may send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. We shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the