Terms of Use and Privacy Policy
Last updated June 26, 2023
1. Introduction
1.1 Purpose of the Terms of Use and Privacy Policy: The purpose of these Terms of Use and Privacy Policy is to outline the terms and conditions governing the use of the real estate brokerage back office software provided by Link Management Systems Inc. The software, known as Link Systems, is designed to facilitate the onboarding process, provide operational features, and manage compliance for each deal. It includes features such as a deal room for document storage and collaboration, as well as operational tools like a calendar, task list, and deal tracking to enhance efficiency and organization in managing real estate transactions.
1.2 Acceptance of the Terms: Users will be required to accept these terms and conditions when creating their online account during the onboarding process for Link Systems. To indicate acceptance, users will be prompted to select a radio button that signifies their agreement with the terms. Failure to select the agreement will prevent users from completing the onboarding process and accessing the software.
2. Definitions and Interpretation
2.1 Definitions: In these Terms of Use and Privacy Policy, the following terms shall have the following meanings, unless otherwise specified: "Link Systems" refers to the real estate brokerage back office software provided by Link Management Systems Inc. - "User" refers to any individual or entity accessing or using Link Systems. - "Terms" refers to these Terms of Use and Privacy Policy governing the use of Link Systems. - "Onboarding Process" refers to the procedure followed by users to create an online account and gain access to Link Systems. - "Deal Room" refers to the feature within Link Systems that allows users to store and collaborate on documents related to real estate transactions. - "Compliance" refers to the adherence to applicable laws, regulations, and industry standards within the context of real estate transactions. - "Calendar" refers to the feature within Link Systems that enables users to schedule and manage appointments, tasks, and events. - "Task List" refers to the feature within Link Systems that enables users to create, assign, and track tasks related to real estate deals. - "Deal Tracking" refers to the feature within Link Systems that provides users with the ability to monitor and manage the progress of real estate deals.
2.2 Interpretation: - The terms and conditions of Link Systems shall be interpreted in accordance with the laws of the state of Delaware, as Link Management Systems Inc. is a Delaware corporation. - In case of any conflicts or inconsistencies within the Terms, the provisions shall be interpreted in a manner that preserves the intentions of the parties and gives effect to the purpose of Link Systems. - Any headings, titles, or section numbers used within the Terms are for convenience and reference purposes only and shall not affect the interpretation or construction of the provisions.
3. Scope of Service
3.1 Description of Link Systems: Link Systems is a real estate brokerage back office software developed by Link Management Systems Inc. The software is designed to streamline and enhance various aspects of real estate transactions, including onboarding, operational management, compliance, and collaboration. It provides users with a comprehensive suite of features and tools to facilitate efficient deal management.
3.2 Access and Usage:
3.2.1 Account Creation: Users must complete the onboarding process and create an online account to access and utilize Link Systems. During the account creation process, users will be required to provide accurate and up-to-date information.
3.2.2 Authorized Users: Users are solely responsible for maintaining the confidentiality of their account credentials and ensuring that access to Link Systems is limited to authorized individuals within their organization. Users must promptly notify Link Management Systems Inc. in the event of any unauthorized access or use of their account.
3.2.3 Compliance: Users agree to use Link Systems in compliance with all applicable laws, regulations, and industry standards. It is the responsibility of users to ensure that their actions and usage of Link Systems align with legal and ethical guidelines.
3.2.4 User Support: Link Management Systems Inc. will make reasonable efforts to provide user support and assistance regarding the usage and functionality of Link Systems. Users may contact the designated support channels for inquiries, technical issues, or feedback.
3.2.5 Third-Party Services: Link Systems may integrate with third-party services or software applications. Users acknowledge and agree that their usage of such third-party services may be subject to additional terms and conditions imposed by the respective providers.
4. User Responsibilities
4.1 Account Registration:
4.1.1 User Information: Users must provide accurate, complete, and current information during the account registration process. It is the responsibility of users to ensure that their account information, including contact details, remains updated.
4.1.2 Account Security: Users are responsible for maintaining the confidentiality and security of their account credentials. They must not share their login information with unauthorized individuals or use another user's account without proper authorization.
4.2 Security of Account Information:
4.2.1 User Authentication: Users must take reasonable precautions to protect their accounts from unauthorized access. This includes using strong, unique passwords and enabling multi-factor authentication where available.
4.2.2 Security Notifications: Users must promptly notify Link Management Systems Inc. of any suspected or actual security breaches, unauthorized access, or suspicious activities related to their account.
4.3 Prohibited Activities:
4.3.1 Misuse of Link Systems: Users are prohibited from engaging in any activity that may disrupt or interfere with the proper functioning of Link Systems or compromise the security or integrity of the software.
4.3.2 Unauthorized Access: Users must not attempt to gain unauthorized access to any part of Link Systems, other users' accounts, or any related systems or networks.
4.3.3 Prohibited Content: Users shall not upload, post, transmit, or distribute any content that is unlawful, harmful, defamatory, abusive, obscene, or otherwise objectionable.
4.3.4 Intellectual Property: Users must respect the intellectual property rights of Link Management Systems Inc. and third parties. Unauthorized use, reproduction, or distribution of any copyrighted materials or trademarks is strictly prohibited.
5. Data Collection and Usage
5.1 Collection of Personal Information:
5.1.1 User Information: When users create an account and utilize Link Systems, certain personal information may be collected, including but not limited to names, contact details, and other relevant information necessary for account registration and onboarding.
5.1.2 Deal Information: Users may input and store deal-related information, including documents, communications, and other data necessary for managing real estate transactions, within Link Systems.
5.2 Data Usage and Privacy:
5.2.1 Purpose: The personal information and deal-related data collected by Link Systems will be used for the purpose of providing, maintaining, and improving the functionality of the software, as well as for fulfilling legal and regulatory obligations.
5.2.2 Third-Party Access: Link Management Systems Inc. may engage third-party service providers or partners to assist in providing certain features or services within Link Systems. These third parties may have access to user data but will only use it as necessary to perform their respective functions and in accordance with applicable privacy laws.
5.2.3 Data Protection: Link Management Systems Inc. will implement reasonable technical and organizational measures to protect the security and confidentiality of user data. However, users acknowledge that no data transmission over the internet can be completely secure, and Link Management Systems Inc. cannot guarantee the absolute security of user data.
5.2.4 Data Retention: User data will be retained for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable laws and regulations. Upon termination of a user's account, Link Management Systems Inc. may retain certain data as necessary for legal or legitimate business purposes.
5.3 User Consent and Control:
5.3.1 Consent: By using Link Systems and providing personal information, users consent to the collection, usage, and processing of their data as outlined in this section.
5.3.2 Data Access and Modification: Users have the right to access and update their personal information within their account settings. Users can also request the deletion of their account and associated data, subject to any legal or legitimate business requirements.
5.3.3 Communication Preferences: Users may have the option to choose their communication preferences, such as receiving marketing materials or notifications from Link Management Systems Inc. Users can manage these preferences within their account settings.
6. Information Security and Confidentiality
6.1 Security Measures:
6.1.1 Data Protection: Link Management Systems Inc. implements industry-standard security measures to safeguard user data against unauthorized access, loss, alteration, or disclosure. These measures may include encryption, firewalls, access controls, and regular security assessments.
6.1.2 Confidentiality: Link Management Systems Inc. maintains strict confidentiality with regard to user data and treats it as confidential information. Access to user data is restricted to authorized personnel who require it for the provision of Link Systems or support services.
6.2 User Responsibilities:
6.2.1 Account Security: Users are responsible for maintaining the security and confidentiality of their account credentials. They must not share their login information with unauthorized individuals or use another user's account without proper authorization.
6.2.2 Data Transmission: Users acknowledge that data transmission over the internet, including through Link Systems, is not completely secure. Users are responsible for taking appropriate measures to protect their own data during transmission, such as using secure connections and encryption protocols.
6.2.3 Compliance with Policies: Users must comply with the information security and confidentiality policies established by Link Management Systems Inc. This includes refraining from unauthorized access, disclosure, or misuse of any user data or confidential information obtained through Link Systems.
6.3 Data Breach Notification: In the event of a data breach that compromises the security or confidentiality of user data, Link Management Systems Inc. will notify affected users in accordance with applicable laws and regulations. Users will be promptly informed about the nature of the breach, the affected data, and any measures taken to mitigate the risks.
6.4 Limitation of Liability: While Link Management Systems Inc. takes reasonable measures to protect user data, users acknowledge that no system or technology is entirely immune from security risks. Link Management Systems Inc. shall not be liable for any damages or losses arising from unauthorized access, use, or disclosure of user data, except where such damages or losses result from its willful misconduct or gross negligence.
7. Intellectual Property Rights
7.1 Ownership:
7.1.1 Link Systems: Users acknowledge and agree that Link Systems, including its software, design, features, and functionalities, are the proprietary property of Link Management Systems Inc. Users do not acquire any ownership rights or intellectual property rights in Link Systems by using the software.
7.1.2 User Content: Users retain ownership of any content they upload or submit to Link Systems. However, by providing content to Link Systems, users grant Link Management Systems Inc. a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and distribute the content solely for the purpose of providing and improving Link Systems.
7.2 Restrictions:
7.2.1 Unauthorized Use: Users shall not modify, copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any part of Link Systems without the prior written consent of Link Management Systems Inc.
7.2.2 Reverse Engineering: Users shall not reverse engineer, decompile, or disassemble any part of Link Systems or attempt to derive the source code or underlying ideas or algorithms of the software.
7.2.3 Trademarks: Users shall not use any trademarks, logos, or service marks of Link Management Systems Inc. without the prior written consent of the company.
7.3 User Feedback:
7.3.1 Voluntary Feedback: Users may provide feedback, suggestions, or ideas to Link Management Systems Inc. regarding Link Systems. Users acknowledge and agree that any such feedback is voluntary and that Link Management Systems Inc. may use such feedback for any purpose without obligation or compensation to the user.
7.3.2 Intellectual Property Rights: By providing feedback or suggestions, users represent and warrant that they have the necessary rights and permissions to share such information with Link Management Systems Inc., and that the feedback does not infringe upon the intellectual property rights of any third party.
8. Limitations and Disclaimers
8.1 No Warranty: 8.1.1 "AS IS" Basis: Link Systems is provided on an "as is" and "as available" basis. Link Management Systems Inc. makes no warranties, express or implied, regarding the software's reliability, availability, accuracy, or suitability for a particular purpose.
8.1.2 No Guarantee: Link Management Systems Inc. does not guarantee that the software will be uninterrupted, error-free, or free from viruses or other harmful components. Users acknowledge that their usage of Link Systems is at their own risk.
8.2 Limitation of Liability: 8.2.1 Exclusion of Damages: In no event shall Link Management Systems Inc. be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use Link Systems, even if Link Management Systems Inc. has been advised of the possibility of such damages.
8.2.2 Maximum Liability: In no event shall Link Management Systems Inc.'s total liability for any and all claims related to the usage of Link Systems exceed the total amount paid by the user, if any, for the software services during the twelve (12) months preceding the claim.
8.3 Third-Party Services: 8.3.1 Third-Party Integration: Link Systems may integrate with or provide links to third-party services, websites, or applications. Link Management Systems Inc. does not endorse, control, or assume any responsibility for the content, privacy practices, or actions of these third parties. Users are encouraged to review the terms and privacy policies of any third-party services they access through Link Systems.
8.3.2 Third-Party Disputes: Any disputes, claims, or damages arising from the usage of third-party services accessed through Link Systems shall be solely between the user and the respective third party. Link Management Systems Inc. shall not be responsible for resolving such disputes.
8.4 Jurisdictional Limitations: Link Management Systems Inc. makes no representation that the content or functionality of Link Systems is appropriate or available for use in all locations. Users access Link Systems at their own initiative and are responsible for compliance with local laws and regulations.
9. Subscription/Membership Fee Collection
9.1 Fee Structure:
9.1.1 Monthly Subscription: Users of Link Systems agree to pay a monthly subscription fee of $70 to maintain access to the software's technology services. The subscription fee is subject to change, and users will be notified in advance of any fee adjustments.
9.1.2 Payment Method: Subscription fees are collected through Stripe, a third-party payment processing service. Users must provide valid payment information and authorize the recurring monthly charges. By providing payment details, users consent to the collection and processing of their payment information by Stripe.
9.2 Automatic Renewal:
9.2.1 Recurring Charges: The subscription fee will be automatically charged to the user's designated payment method on a monthly basis
unless the user cancels their subscription as outlined in section 10 (Termination and Cancellation of Services).
9.2.2 Fee Changes: Link Management Systems Inc. reserves the right to modify the subscription fee upon providing reasonable notice to users. Continued use of Link Systems after the fee change constitutes acceptance of the updated fee structure.
9.3 Non-Payment and Suspension:
9.3.1 Payment Failure: In the event of a failed payment or declined transaction, Link Management Systems Inc. may temporarily suspend the user's access to Link Systems until the outstanding payment is successfully processed.
9.3.2 Account Reinstatement: Once the outstanding payment is resolved, the user's access to Link Systems will be reinstated, subject to any applicable termination provisions outlined in section 10 (Termination and Cancellation of Services).
9.4 Refunds:
9.4.1 Non-Refundable Fees: Subscription fees are non-refundable, except where required by applicable laws or as otherwise stated in these Terms of Use.
9.4.2 Fee Disputes: Users who believe they have been incorrectly charged or have billing disputes should contact Link Management Systems Inc.'s customer support within a reasonable timeframe for resolution.
10. Termination and Cancellation of Services
10.1 User Termination:
10.1.1 Voluntary Termination: Users have the right to terminate their account and cease using Link Systems at any time by following the designated account closure process provided within the software.
10.1.2 Termination Obligations: Upon termination, users are responsible for fulfilling any outstanding obligations or commitments related to ongoing real estate transactions or contractual agreements that existed prior to the termination of their account.
10.2 Link Management Systems Inc. Termination:
10.2.1 Breach of Terms: Link Management Systems Inc. reserves the right to suspend or terminate a user's account and access to Link Systems if the user breaches any provisions of the Terms of Use or Privacy Policy.
10.2.2 Non-Compliance: Link Management Systems Inc. may suspend or terminate a user's account if the user fails to comply with applicable laws, regulations, or industry standards related to the usage of Link Systems.
10.3 Effect of Termination:
10.3.1 Account Closure: Upon termination, the user's access to Link Systems will be immediately suspended, and the user's account will be closed. The user will no longer have access to their account data, and Link Management Systems Inc. may delete or retain such data in accordance with its data retention policies.
10.3.2 Survival of Provisions: Termination of the account does not affect the continued validity and enforceability of any provisions in the Terms of Use and Privacy Policy that are intended to survive termination, including but not limited to sections related to intellectual property, data protection, and limitation of liability.
10.4 Cancellation of Subscription:
10.4.1 User-initiated Cancellation: Users may cancel their subscription to Link Systems at any time by following the designated cancellation process within their account settings.
10.4.2 No Refunds: In the event of cancellation, users will not be entitled to any refunds for the unused portion of their subscription period. The user's access to Link Systems will continue until the end of the current billing cycle.
11. Governing Law and Dispute Resolution
11.1 Governing Law:
11.1.1 Applicable Jurisdiction: The Terms of Use and any disputes arising from or relating to the usage of Link Systems shall be governed by and interpreted in accordance with the laws of the state of Delaware, United States, without regard to its conflict of law principles.
11.1.2 Venue: Any legal action or proceeding arising out of or relating to the Terms of Use shall be brought in the federal or state courts located in the state of Delaware. Users consent to the exclusive jurisdiction and venue of these courts.
11.2 Informal Resolution:
11.2.1 Good Faith Negotiation: In the event of any dispute or claim arising from the usage of Link Systems, users agree to first attempt to resolve the matter informally by providing written notice to Link Management Systems Inc., describing the nature of the dispute and seeking a resolution.
11.2.2 Cooperation: Users agree to engage in good faith negotiations and discussions to reach a mutually satisfactory resolution within a reasonable timeframe.
11.3 Binding Arbitration:
11.3.1 Arbitration Proceedings: If the parties are unable to resolve the dispute informally, users and Link Management Systems Inc. agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
11.3.2 Arbitration Award: The arbitrator's decision and award shall be final and binding upon both parties. The arbitration proceedings and the award shall be confidential, except as necessary to enforce the award in court or as otherwise required by law.
11.4 Class Action Waiver:
11.4.1 Waiver of Class Action: Users and Link Management Systems Inc. agree that any claims or disputes must be brought in the respective parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
11.4.2 Waiver of Jury Trial: Users and Link Management Systems Inc. waive the right to a trial by jury in any proceeding arising out of or relating to the Terms of Use or the usage of Link Systems.
12. Changes to the Terms of Use and Privacy Policy
12.1 Notification of Changes:
12.1.1 Notification to Users: Link Management Systems Inc. reserves the right to modify or update these Terms of Use and the Privacy Policy at any time without prior notice. Users will be notified of any material changes to the Terms of Use or Privacy Policy through a prominent notice within the Link Systems software or via email.
12.1.2 User Consent: By continuing to use Link Systems after the revised Terms of Use or Privacy Policy have been posted or notified, users agree to be bound by the updated terms and policies.
12.2 Review of Terms and Policies:
12.2.1 User Responsibility: It is the responsibility of users to review the Terms of Use and Privacy Policy periodically to stay informed of any changes. Users are encouraged to regularly check for updates to ensure their ongoing compliance.
12.2.2 Disagreement with Changes: If a user disagrees with the revised Terms of Use or Privacy Policy, their only recourse is to discontinue using Link Systems and terminate their account as outlined in section 10 (Termination and Cancellation of Services).
12.3 Severability: If any provision of the Terms of Use or Privacy Policy is found to be unlawful, void, or unenforceable, such provision shall be deemed severable from the remaining provisions, and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
13. Miscellaneous
13.1 Entire Agreement: The Terms of Use and Privacy Policy, including any additional policies or guidelines referenced herein, constitute the entire agreement between users and Link Management Systems Inc. regarding the usage of Link Systems, superseding any prior agreements or understandings, whether written or oral.
13.2 Waiver: The failure of Link Management Systems Inc. to enforce any right or provision of these Terms of Use or Privacy Policy shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms of Use or Privacy Policy must be in writing and signed by an authorized representative of Link Management Systems Inc.
13.3 Assignment: Users may not assign or transfer their rights and obligations under the Terms of Use or Privacy Policy to any third party without the prior written consent of Link Management Systems Inc. Link Management Systems Inc. reserves the right to assign or transfer its rights and obligations under these terms to a third party without restriction or notice.
13.4 Relationship of the Parties: The relationship between users and Link Management Systems Inc. is that of independent contractors. Nothing in the Terms of Use or Privacy Policy creates a partnership, joint venture, agency, or employment relationship between the parties.
13.5 Force Majeure: Link Management Systems Inc. shall not be liable for any failure or delay in the performance of its obligations under these Terms of Use or Privacy Policy due to acts beyond its control, including but not limited to natural disasters, acts of terrorism, war, strikes, labor disputes, or governmental actions.
13.6 Headings: The headings used in these Terms of Use and Privacy Policy are for convenience only and shall not affect the interpretation or construction of the provisions herein.
13.7 Survival: Any provisions in these Terms of Use and Privacy Policy that, by their nature, should survive termination or expiration, shall survive and remain in full force and effect, including but not limited to sections related to intellectual property rights, limitations of liability, and dispute resolution.
13.8 Notification: By accepting this page, you consent to receiving emails and texts in regards to your application from Twilio autodialer. Consent is not a condition of purchase. Msg & data rates may apply. Unsubscribe at anytime by replying STOP or clicking the unsubscribe link (where available)
For any further questions or concerns email contact@linkbrokerages.com or call us at (310) 695-6510
.png)
