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Privacy Policy
Commitment to Privacy.
Nuestro Realty take your privacy very seriously. This Privacy Policy describes how Nuestro Realty handle your personal information whenever you use any Nuestro Realty service or websites (individually and collectively, the “Service.”) By using the Service, you accept this Privacy Policy and expressly consent to collection, storage, use and disclosure of your personal information as described below. Nuestro Realty websites and services are not directed to children under thirteen (13) years of age, and we do not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided us with personal information, we will promptly delete such personal information from our systems.
Notice to European Union Users: We do not intend to collect personally identifiable information (“PII”) from European Union users. If you are from the European Union, do not provide us with PII, use our Services or the Website. If we learn that we collected PII from a user from the European Union, we will promptly delete that information from our systems.
Collection of Information.
Upon submitting personal information in the course of using the Service, you are no longer anonymous to Nuestro Realty to the extent you provide this information. If you choose to provide personal information, you consent to the transfer, storage and use of that information by Nuestro Realty. We may also collect other information from your interaction with the Service, such as computer and connection information, statistics on page views, traffic to and from, IP address(s), and web log information. We may send "cookies" to your computer primarily to enhance your online experience. "Cookies" are files that can identify you as a unique customer and store your personal preferences as well as technical information (including click through and click stream data). We may also use tracking systems such as "web beacons," which monitor your use of Service. On their own, cookies or web beacons do not contain or reveal any personally identifiable information. However, if you choose to furnish one of our websites with personally identifiable information, this information can be linked to the data stored in the cookies/web beacons. Through your ongoing use of the Service, you specifically agree to our described use of cookies and web beacons. You may adjust the privacy and security settings of your browser or mobile device to reject cookies from us or from any other website. Additionally, by setting your web browser to display HTML e-mails as text only, you may be able to prevent the use of some web beacons. Please consult the "Help" section of your browser for more information, or consult the instructions set forth by your mobile service provider or mobile device manufacturer. However, certain areas of our websites can only be accessed in conjunction with cookies or similar devices enabled, and you should be aware that disabling cookies or similar devices might prevent you from accessing some of our content or limit the functionality of our Service.
Marketing of Information.
Nuestro Realty will not provide your personal information to third parties without your explicit permission.
Use of Information.
The primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. We may use your personal information to provide services and customer support, including communication by email, text messages and telephone, prevent potentially prohibited or illegal activities, enforce our Terms of Use, customize and improve our services, and deliver information to our customers about your use of the Service or as you may request. These recipients may include real estate agents, brokers, and third parties to whom you explicitly (or implicitly via the send message link) ask us to send your information or whom you otherwise explicitly or implicitly consent when using a specific service. To enable you to search or use third-party real estate listings (which may include the MLS®). This requires us to share your Personal Data with third parties to provide these services.
Data Deletion.
You have the right to request the erasure of your personal information held by Nuestro Realty by contacting us as provided herein, subject to Nuestro Realty’s rights in certain cases to retain information relating to transactions with or services delivered by Nuestro Realty. Nuestro Realty may retain information provided by or collected from third parties.
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, any real estate related products, services, offerings, procedures, details or other matters, you are providing to Nuestro Realty and its associated employees (e.g., real estate agents and brokers, each a “Provider”), 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 Nuestro Realty 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), SMS or text message, 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 Nuestro Realty. 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 (for example, from your network provider) may apply. Where we are required to obtain your consent for such communications, you can revoke your consent at any time by contacting us. You can manage your receipt of the types of communication by following the instructions included in the message we send you.
Telephone Calls: Calling, Monitoring, and Recording.
You consent to and authorize Nuestro Realty or its affiliates, independent contractors, or vendors to monitor or record any of your telephone conversations and other electronic communications with our representatives or representatives of any of those companies for reasonable business purposes including security and quality assurance. We will not remind you that we may be monitoring or recording a call at the outset of the call unless required to do so by law.
Disclosures to Comply with Legal Requirements or Deal with Violations of our Terms and Conditions.
Nuestro Realty may disclose personal information to respond to legal requirements, enforce our policies, and respond to claims that a user is violating the Terms of Use.
Third Parties.
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information Nuestro Realty collects from you. Nuestro Realty does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
Changes to Policy.
Nuestro realty reserves the right to change or modify this Privacy Policy at any time without prior notice.
Contact
If you have questions or concerns regarding these privacy policies or your personal information, please contact us by e-mailing to [email protected]
(Effective 04/01/2023)
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Terms
Welcome to Nuestro Realty. As a condition of using Nuestro Realty, you agree to these Terms of Use ("Terms") including any future amendments (collectively, the "Agreement.")
- Description of Service. Nuestro Realty is a home search website (the "Service") owned and operated by Nuestro Realty (the "Company.") You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Company disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. Company also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
You must be at least eighteen (18) years of age to use the Service. Company reserves the right to refuse service to anyone at any time without notice for any reason.
- Proper Use. You agree that you are responsible for your own use of the Service, and you agree not to use the Service in any way that is unlawful, or harms Company, its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches any other policy or notice on the Service. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Service. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
Violation of any of the foregoing, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Company reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process, or governmental request.
Much of the content of the Service, including the contents of specific postings, is provided by and is the responsibility of the person or people who made such postings. Company does not monitor the content of Service and takes no responsibility for such content. Instead, Company only provides access to such content as a service to you.
It is possible that posts by others on the Service may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using the Service.
Company does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any data or postings provided by the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on information provided by the Service will be at your sole risk.
- Privacy. As a condition of using the Service, you agree to the terms of the Company Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Company may access or disclose your personal information, including the content of your communications, if Company is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms and the general Company Privacy Policy. Personal information collected by Company may be stored and processed in the United States or any other country in which Company Inc. or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
- Communications. As a condition of using the Service, you agree to receive emails and other communications from us regarding your account and additional services we may offer. If you choose to contact a real estate agent through the Service by filling out a contact request or other request form on the Service, you authorize us to provide your name and contact information and other identifying information you provide to the real estate agent you choose. You acknowledge that, by submitting your contact request or other request form on the Service, you may receive telemarketing calls and emails from or on behalf of the real estate agent at the telephone number(s) and email addresses you provide.
You may receive e-mail, text or instant messages (SMS/IMS), or auto-dialed or pre-recorded phone messages from Company or its service providers for a variety of reasons - for example, if you took an action on the Company pages or apps or you signed up for reports, receive account notifications, etc. Telephone minute and text charges may apply. We respect your desire to manage messages you receive from us, and you do not have to consent to receive auto-dialed or pre-recorded message phone calls or texts to use the Service. Where we are required to obtain your consent for such communications, you can revoke your consent at any time by contacting us. You can manage your receipt of the types of communication by following the instructions included in the message we send you.
- General Practices Regarding Use and Storage. You agree that Company has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Service. Company retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
- Content of the Service; Third Party Content. Certain content, products and services available with our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. Nuestro Realty is not responsible for monitoring, examining or evaluating the content or accuracy of such third-party content, and Nuestro Realty takes no responsibility and shall have no liability for such third-party content (including, without limitation, any viruses or other disabling features, purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.) Nuestro Realty reserves the right at all times to remove or refuse to distribute any content on the Service, such as content that violates the terms of this Agreement. Nuestro Realty also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Nuestro Realty, its users and the public. Nuestro Realty will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
- Intellectual Property Rights. Company's Intellectual Property Rights. You acknowledge that Company owns all right, title and interest in and to the Service, including all intellectual property rights (the "Company Rights"). Company Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service in any form. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, Company Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
Your Intellectual Property Rights. Company claims no ownership or control over any content submitted, posted or displayed by you on or through Company services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through Company services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through Company services which are intended to be available to the members of the public, you grant Company a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such content on Company services for the purpose of displaying and distributing Company services. Company furthermore reserves the right to refuse to accept post, display or transmit any content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.
You may choose to submit, post, and display any materials on or through the Service by manually marking your materials as such or using the Service to do so. For avoidance of doubt, Company is not a party to any such public license between you and any third party. Also, for avoidance of doubt, Company may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.
Copyright Infringement. Company respects the intellectual property rights of others and expect you as user of the Service to do the same. To the extent anyone believes that his/her work has been reproduced in a way that constitutes copyright infringement he/she may notify our agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit Company to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
- A statement in the notice, “I as the Complaining Party have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;” and
- A statement in the notice, “I hereby state that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Notice of copyright infringement including all the required information above should be sent to:
Nuestro Realty
11201 S Orange Blossom Tr
Orlando, FL 32837
Attn: Copyright Agent
E-mail: [email protected]
Upon receipt of the above notice of copyright infringement, Company reserves the sole right and discretion to take whatever action it deems appropriate, including removal of the content from the Service and/or termination of use of the Service with regard to anyone who repeatedly engages in copyright infringement.
- No Resale of the Service. Unless expressly authorized in writing by Company, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
- Trademarks. Any use of Nuestro Realty's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features is prohibited without Nuestro Realty’s prior written consent. For Trademark questions, contact Nuestro Realty at Nuestro [email protected]. The names of actual companies, products, and services referenced herein may be the trademarks of their respective owners.
- Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Company to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. OTHER THAN THE LIMITED WARRANTIES SET FORTH HEREIN, COMPANY DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AND COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. ANY SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED HEREUNDER, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND.
- Termination; Suspension. Company may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. Sections 2, 3, 5 - 8, and 10 - 18 of the Agreement, along with applicable provisions of the general Terms of Use (including the section regarding limitation of liability), shall survive expiration or termination.
- Fees. The Service is provided free to individual consumers.
- Indemnification. {"You agree to hold harmless and indemnify Company, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, lost revenues or profits, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Company will provide you with written notice of such claim, suit or action. "}
- Entire Agreement; Headings. This Agreement constitutes the entire agreement between you and Company and governs your use of the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Company services, affiliate services, third-party content or third-party software. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the Terms.
- Waiver and Severability of Terms. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect.
- Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Company services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. COMPANY SHALL NOT BE LIABLE FOR, WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOST REVENUES, LOST DATA, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S LIABLITY UNDER THIS AGREEMENT EXCEED THE FEES PAID HEREUNDER DURING THE PRECEEDING 12-MONTH PERIOD.
- Choice of Law; Jurisdiction; Forum; Mandatory Arbitration. This Agreement will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Orange County, Florida, and you consent to the jurisdiction of such courts. You and Company agree that any dispute, claim or controversy arising out of or relating in any way to the Company Service or your use thereof, including our Agreements, shall be determined by mandatory binding arbitration as set forth herein:
(a) You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Agreements and the termination of your Company account. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Agreements, and as administered by the AAA. You and Company agree that these Agreements involve interstate commerce and are subject to the Federal Arbitration Act.
(b) You and Company agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Company Service are NOT subject to mandatory arbitration. Instead, you and Company agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in Orange County, Florida, and that applicable Florida and/or Federal law shall govern, without regard to choice of law principles.
(c) YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
(d) Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by Company. Any arbitration costs or fees deemed “excessive” will be paid by Company.
- Amendment; No Third-Party Rights. Company may, in its sole discretion at any time without prior notice, amend, modify or revise these Terms, and you agree to be bound by such amendment, modifications, or revisions. If you do not accept and abide by this Agreement as amended from time to time, then please do not use the Service as described herein. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
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