Privacy Policy
Your privacy is important to us. This Privacy Policy governs the manner in which EvoMLS LLC collects, uses, maintains and discloses information collected from its customers and users of its website (each, a "User"). The purpose of this privacy policy is to inform you about what kinds of information EvoMLS may gather about you, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of the information.
This policy is limited only to those employed by EvoMLS and does not include those companies who may be purchasing messaging services from EvoMLS and may be transmitted information using its products.
We urge you to read this Privacy Policy so that you will understand both our commitment to you and your privacy, and how you can participate in that commitment.
The Information We Collect
EvoMLS collect various types of personally-identifiable information including name, address, telephone number, credit card number or other billing information, e-mail address, and other information that, either alone or in combination with other kinds of information, may personally identify Users. EvoMLS may collect personally identifiable information from Users in a variety of ways, including through online forms for ordering products and services, and other instances where Users are invited to volunteer such information. EvoMLS may also collect information about how Users use our Web site, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate. We may use "cookies" to track how Users use our Web site. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide to us through our Web site.
Cookies
When you access our web site, our web server may send a cookie to your computer. Cookies are files that web browsers place on a computer’s hard drive and are used to tell us whether customers and visitors have visited the site previously. Our site may use session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in. This information allows us to process your online data and requests. Session cookies help us make sure you are who you say you are after you have logged in. We use persistent cookies, which only we can read and use, to identify the fact that you are an EvoMLS customer or prior site visitor. Users who disable their browser’s ability to accept cookies will be able to browse the EvoMLS website but may not be able to successfully use certain enhanced features.
How We Use Information
EvoMLS may use personally identifiable information collected through our Web site to contact Users regarding products and services offered by EvoMLS and its trusted affiliates, independent contractors and business partners, and otherwise to enhance Users' experience with EvoMLS and such affiliates, independent contractors and business partners. EvoMLS may also use information collected through our Web site for research regarding the effectiveness of the Web site and the marketing, advertising and sales efforts of EvoMLS , its trusted affiliates, independent contractors and business partners. Because EvoMLS is a National company, we may share your information with other EvoMLS affiliates, business units or contractors in other States within the United States, who will maintain the privacy of your information in accordance with this policy.
We limit access to your personally identifiable information to employees and contractors who we believe need access in order to provide services to you or to do their jobs.
We take appropriate technical and organizational measures to guard against unauthorized or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data. While no computer system is completely secure, we believe the measures implemented by our site reduce the likelihood of security problems to a level appropriate to the type of data involved.
Supplementation of Information
This site sometimes supplements the information that you provide with information that is received from third parties. For instance, if inaccurate address information is received, we may use third party software to fix such erroneous items.
Disclosure of Information
EvoMLS may disclose information collected from Users to trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above. We may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. We may transfer information collected from Users in connection with a sale of EvoMLS 's business. Finally, at times we may be required by law or legal process to disclose your personal information. We may also disclose information about you if we believe that disclosure is necessary for the public interest.
Links to Other Sites
This Privacy Policy applies only to information collected by the Site. The Site contains links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the terms of use or privacy practices of such other sites. We encourage you to be aware of when you leave our site and to read the terms of use and privacy statements of each and every web site that collects personally identifiable information.
Choice/Opt-Out
You may send email to support@evomls.com to be removed from any email, standard mail or other contact list. Please specify from which list you wish to be removed when sending the email.
Privacy Questions
If you have questions or concerns about our policies concerning privacy, data collection, data processing or data transmission, please email us at suppport@evomls.com or contact us by postal mail at 5826 New Territory Blvd. Suite #209 Sugar Land Texas, 77479, United States, and we will endeavor to respond to your inquiry within 45 days.
Security
The security of your personal information is also important to us. When you enter sensitive information on our registration or order forms, we encrypt that information by following generally accepted industry standards and practices to protect the personal information submitted to us from unauthorized access, disclosure, alteration, or destruction, both during transmission and once we receive it.
While no data transmission over the Internet or information storage technology can be guaranteed to be 100% secure, EvoMLS understands your concerns with the safety of your personal information. EvoMLS uses well-known and proven security technologies to protect your data and transmissions between you, EvoMLS, banks, loan brokers and real estate professionals participating in the EvoMLS Websites information. Transmissions between EvoMLS, banks, lenders, loan brokers and real estate professionals are encrypted using public key cryptography algorithms with a minimum key size of 128 bits.
Those pages on the Websites that ask for your personal financial information are delivered to your browser through HTTPS, a secure server communications layer. Transmission between your browser and our web server, including when you send your personal financial information to us, is implemented using Secure Sockets Layer (SSL) technology. SSL encrypts it, making the information unreadable by anyone except EvoMLS. SSL does not allow anyone to intercept and read your personal information; only we can decode the encryption. This technology requires any modern web browser such as Internet Explorer, Firefox, Safari or Opera.
Maintenance of Information
Information about Users that is maintained on our systems is protected using industry standard security measures. However, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EvoMLS 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.
EvoMLS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EvoMLS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EvoMLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTICE
EvoMLS may provide you with notices, including those regarding changes to the Terms of Use, by either email, regular mail, or postings on the Service.
TRADEMARK INFORMATION
The EvoMLS logo and trademarks and service marks and other EvoMLS logos and product and service names are trademarks of EvoMLS, LLC (the " EvoMLS Marks"). EvoMLS grants you permission to use the EvoMLS marks on advertising brochures, sign riders and other real estate-oriented marketing campaigns. All other uses not associated with improving your real estate business are expressly prohibited without the prior approval of EvoMLS .
GENERAL INFORMATION
Entire Agreement. The Terms of Use constitutes the entire agreement between you and EvoMLS and governs your use of the Service, superseding any prior agreements between you and EvoMLS with respect to the Service. Choice of Law and Forum. The Terms of Use and the relationship between you and EvoMLS shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and EvoMLS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fort Bend, Texas.
Waiver and Severability of Terms. The failure of EvoMLS to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your EvoMLS account is non-transferable and any rights to your Terms of Use or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the Terms of Use to our Corporate Office
TERMS OF USE
EvoMLs is a marketing and sales system that enables Real Estate agents to send property information by way of text messaging (the "Service"). You agree that the Service may include certain communications from EvoMLS, such as service announcements and administrative messages, and that these communications are considered part of EvoMLS Free membership and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the Terms of Service. You understand and agree that the Service is provided "AS-IS" and that EvoMLS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
THE SERVICE
EvoMLS is a Free interactive text messaging service developed for real estate professionals and home buyers providing on-demand instant property listing information and photos that can be accessed instantly from mobile phones and PCs. EvoMLs also offers Free website and Blog construction and has links to fill out secure Mortgage Loan Applications.
TEXT MESSAGING
Consumer Opt-In: EvoMLS is a query-based text messaging service. Users opt-in by texting an agent-specific code to our designated short code. Queried information will be sent back to the mobile subscriber automatically.
Consumer Opt-Out: Users can opt-out by texting STOP, QUIT, END, CANCEL, UNSUBSCRIBE or STOP ALL to our designated short code. Once a user opts-out, a confirmation text message will be sent confirming that their use of the service has been discontinued. Subscriber Opt-In: Agents can subscribe to the EvoMLS service by visiting
www.Evomls.com.
The EvoMLS service may include communications sent to subscribers (real estate professionals) via email including, but not limited to, announcements, messages and newsletters. Unless otherwise stated, all new features launched by EvoMLS shall be subject to the current Terms and Conditions.
INDEMNITY
You agree to indemnify and hold EvoMLS and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
MODIFICATIONS TO SERVICE
EvoMLS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EvoMLS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
LOAN APPLICATION
EvoMLS offers a computerized loan originator for mortgage loans and performs computerized loan origination services for Lenders and is compensated for such services by the Lenders. Lenders are not to directly charge you any computerized loan fee and the fee should appear on your settlement statement. Depending on the Lender, the computerized loan origination fee paid by the Lender may be included in your rate, points or loan terms. Although some state licensing laws treat fees paid in exchange for computerized loan origination services as mortgage broker fees or origination fees, this is not the case under federal law. EvoMLS is not a lender nor is acting as a lender or broker and does not make loans or credit decisions in connection with loans. EvoMLS does not endorse or recommend the products of any particular Lender. Except as otherwise provided for your state, EvoMLS is not an agent of you or any Lender. EvoMLS 's services are only administrative. You should rely on your own judgment in deciding which available loan product, terms and Lender best suits your needs and financial means. The Lender is solely responsible for its services to you, and you agree that EvoMLS shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. You understand that Lenders may keep your loan request information and any other information provided by EvoMLS or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to notify any particular Lender directly if you no longer want to receive communications from them.
The data and other information you may provide EvoMLS is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept. EvoMLS does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, EvoMLS does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. EvoMLS is paid a fee by Lenders for the goods, facilities and services provided. At closing you will be responsible for paying for any settlement or closing costs associated with your loan (such as loan processing, underwriting, or funding fees, title insurance premiums, notary fees, etc.). By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission ("submission") you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a lending product through EvoMLS to each of the Lenders to whom your loan request is transmitted. By submitting the loan request containing your electronic signature, you are extending an express invitation to each Lender you have been matched with to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Lenders or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. By saving your information with EvoMLS or by doing a submission, you give EvoMLS permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete loan requests, the deliver of loan request matches, deadlines, quality of services or other matters in connection with your loan request. For any service, you represent that all of the information you have provided in your submission and loan request is true and complete
TERMINATION
You agree that EvoMLS may, under certain circumstances and without prior notice, immediately terminate your EvoMLS account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of USe or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) you have engaged in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your EvoMLS account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, text associated to codes, activity reports and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in EvoMLS ‘s sole discretion and that EvoMLS shall not be liable to you or any third-party for any termination of your account or access to the Service.
EvoMLS PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by EvoMLS , you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.