4. Use of the Services; Restrictions.
5. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
. use information provided by OnTrack Group through the Services in making any loan-related decisions;
. provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;
. remove or modify any copyright or other intellectual property notices that appear in the Services;
. use the Services for resale, service bureau, time-sharing or other similar purposes;
. use the Services in any way that is unlawful, or harms OnTrack Group, its service providers, suppliers, or any other user;
. distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
. impersonate another person or misrepresent your affiliation with another person or entity;
. 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, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by OnTrack Group for a particular portion of the Services;
. upload invalid data, viruses, worms, or other software agents to the Services;
. interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures OnTrack Group may use to prevent or restrict access to the Services;
. conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
. use any of OnTrack Group's trademarks as part of your screen name or email address on the Services; or
. attempt to, or permit or encourage any third party to, do any of the above.
B. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize OnTrack Group to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). OnTrack Group may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service by contacting us at: consumercare@onTrack.com, by contacting your business consultant, or through your settings page for the paid feature.
7. User Materials.
8. 3rd Party/Linked Services/Sent information.
B. Certain Third-Party Services.
(i) Financial Products. If you choose to contact a bank, lender, financial institution, originator, loan broker, or other mortgage professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for rate quotes) on the Services, you authorize OnTrack Group (and, in the event that the Third-Party Provider is a bank, lender, financial institution, originator, loan broker or other mortgage professional, each a “Lender”, you authorize OnTrack Group. in particular) to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. OnTrack Group is only providing an administrative service to consumers and participating Lenders. Decisions regarding Lenders contacting consumers are made by participating Lenders and not OnTrack Group. These non-binding quotes are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act. By using these features, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to. Interest rates displayed through the Services are for information purposes only and reflect non-binding customized quotes of the terms a Lender might offer a borrower fitting a consumer's anonymous profile. Actual interest rates may vary. Loan approval standards are established and maintained solely by individual Lenders. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. OnTrack Group: (a) is not a Lender, loan originator, loan processor or underwriter; (b) does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans; (c) does not take mortgage applications, make loans or credit decisions or pre-approve borrowers for loans; (d) is not an agent of either any consumer or any Lender; (e) does not endorse, refer or recommend any Third-Party Provider that pays OnTrack Group or the products of any Third-Party Provider that pays OnTrack; (f) is not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.
C. Additional Terms for Third Party Services. Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:
(iii) Stripe. Some of the Services allow you to use Stripe Connect to make payments to other users, and may include additional processing or application fees detailed when you choose to connect to Stripe. Your use of Stripe is subject to the Stripe Connected Account Agreement, available at https://stripe.com/us/connect-account/legal. Additionally, by using Stripe, you agree not to use Stripe (and the Services generally) for any Prohibited Business purposes, as listed at https://stripe.com/us/prohibited-businesses.
(vii) Experian. Some of the Services allow you to use the Experian Connect service to submit a request for a credit check be sent to a landlord. If you use the Experian services, you agree to the Experian Connect Terms and Conditions, available at https://connect.experian.com/legal/terms.html.
Intellectual Property Notices:
Certain content on the Services is owned by ZIP+4 data, United States Postal Service, and Yahoo! Inc. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. OnTrack Group does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and the requirements of applicable law.
10. Feedback. If you choose to provide input and suggestions regarding the Services, including related to any OnTrack Group Materials (“Feedback”), then you hereby grant OnTrack Group an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.
11. DMCA; Claims of Copyright Infringement. OnTrack Group respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify OnTrack Group's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
a. Identification of the copyrighted work that you claim has been infringed;
b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
1301 Second Avenue, Floor 31
Seattle, WA 98101
Attention: Copyright Agent
If relating to content on Trulia.com and related websites:
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
20. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
21. Contact Information and License Disclosures. The Services are offered by OnTrack, Inc. and its affiliates, located at 1301 Second Avenue, Floor 31, Seattle, WA 98101. You may contact OnTrack Group by sending correspondence to that address or emailing consumercare@onTrack.com. OnTrack Group Mortgages, Inc. is a wholly-owned subsidiary of OnTrack, Inc. and has its headquarters at 1301 Second Ave., Fl. 31, Seattle, Washington 98101. The Nationwide Mortgage Licensing System (NMLS) Identification Number for OnTrack Group Mortgages, Inc. is 1303160. To see a complete list of OnTrack Group Mortgages, Inc.'s licenses, see Licensing and Disclosures.
At OnTrack Group, we appreciate your use of and contributions to our websites, our mobile and desktop applications, our other properties and/or our related services (collectively known as the "Services," or, each individually, a "Service"). OnTrack Group respects your privacy and is committed to protecting your personal information.
1. Information Collected by OnTrack Group.
When you use the Services, we collect a variety of information from and about you, your devices, and your interaction with the Services. Some of this information identifies you directly or can be used to identify you when combined with other data.
. Information you provide. When using the Services, you may be asked to provide personal information about yourself, such as your name, contact information, payment information, details about your home or properties you are interested in, financial information. This may occur, for example, when you register on the Services, claim a home, share or save a property, correspond with a real estate professional (such as a real estate agent or broker, mortgage lender or loan officer, property manager, investor, homebuilder, or others) via the Services, or complete other forms or transactions, such as a request for loan information or a rental housing and background check application. You may also provide information about a third party through the Services, for example, if you share a real estate listing with a recipient via email. We may combine this information with other information we collect from your interaction with the Services or from other companies.
Some information you provide through the Services is collected and processed by third parties on our behalf. For example, when you order products or services through the Services, we may need to collect your credit or debit card information. This information is collected and processed by third-party payment processors. In the event that a credit report is required to use a Service, you may be asked to provide your Social Security number ("SSN"). When SSNs are required, we use technology to pass that information directly to the third-party providers who need the information to process the credit or background check report. If you are a real estate professional, you may be able to connect your third-party email account (such as Gmail) to your OnTrack Group account. If you enable that connection, OnTrack Group will access your messages, contacts, and settings to provide the requested Services to you.
The pages on the Services may also include web beacons or pixels, which are electronic files to count users who have visited that page, to track activity over time and across different websites, to determine users' interactions with emails we send, to identify certain cookies on the computer or other electronic device accessing that page, or to collect other related information, and this information may be associated with your unique browser, device identifier, or Internet Protocol address. We may, for example, implement a pixel on the pages of the Services where you view a certain advertisement so that we can track whether you visit a website associated with that advertisement at a later time.
. Mobile device and mobile browser information. . You may adjust settings on your mobile device and mobile browser regarding cookies and sharing of certain information, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or mobile device manufacturer.
. Location Data. If you enable location services on your mobile device, OnTrack Group may collect the location of your device, which we use to provide you with location-based information and advertising. If you wish to deactivate this feature, you can disable location services on your mobile device.
. Usage logs. We collect information about your use of our Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services. We also collect information about the computer or mobile device you use to access our Services, such as the hardware model, operating system and version, unique device identifiers, mobile network information, and browsing behavior.
. Calls and text messages. Calls between you and OnTrack Group, or between you and third parties made through OnTrack Group (such as real estate agents you contact about a property through a form or link on our website, or using contact information found on our website), may be recorded or monitored for quality assurance and customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. OnTrack Group uses a third-party service provider to track phone calls and text messages between you and real estate professionals so that we and the real estate professional can access certain details about the contact. As part of this process, OnTrack Group and its service provider will receive in real time and store data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message.
. Public content. You may provide information publicly through the Services, such as when you leave a review for a real estate professional, or when you contribute to discussion forums.
OnTrack Group will not knowingly collect personally identifiable information from any person under the age of 13.
2. How OnTrack Group Uses Your Information
OnTrack Group generally uses the information collected about you to provide and improve the Services, including to:
. provide and deliver the Services, process transactions and send related information such as confirmations and invoices;
. send you technical notices, updates, security alerts and support and administrative messages;
. respond to your comments, questions and requests and provide customer service;
. communicate with you about products, services, offers, promotions, rewards and events offered by OnTrack Group and others, and provide news and information we think will be of interest to you;
. monitor and analyze trends, usage and activities in connection with our Services;
. revise, modify, and update existing Services and develop new Services;
. detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of OnTrack Group and others;
. personalize the Services and present you with advertising, content or features that we believe will be of interest or useful to you;
. facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
. link or combine with information we get from others to help understand your needs and provide you with better service; and
. carry out any other purpose described to you at the time the information was collected.
Email Management. You may receive email from OnTrack Group for a variety of reasons - for example, if you took an action through the Services, you signed up for a regular report, or you posted your home for sale and a buyer sent you a message. If you have an account with OnTrack Group, you can select your preferences through your account settings. Also, you can manage your receipt of some types of communication by following the instructions included in the email we send you. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information.
3. When OnTrack Group Shares and Discloses Your Information
Your privacy is important and we are committed to protecting your information that identifies you personally. We will only share personal information that you provide outside the public areas of the Services in the following circumstances:
. With your consent. When you consent or direct OnTrack Group to share the personal information. This happens when you submit your information through many of our Services. For example, if you choose to contact a real estate agent, mortgage lender, investor, builder, property manager, or other real estate professional through the Services, your name, phone number, email address, and message content will appear to the recipient of the message. Similarly, if you apply for rental housing through the Services, your application information will be sent to prospective landlords.
. Business transfers. If and when OnTrack Group is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, we may share your personal information in connection with that transaction.
OnTrack Group may also share aggregated or de-identified information that cannot reasonably be used to identify you.
4. Interest-Based Advertising
In addition, if you have provided your email address to us, we may use a scrambled, unreadable form (a hash) of your email address to deliver tailored advertisements to you on the Services or on other websites, including via Facebook's Custom Audience Feature or other similar tools. Click here to learn about how you can control the ads you see on Facebook.
You may opt-out of cookie tracking and analysis as described in the section below entitled 'Opting Out of Collection of Information by Third Parties'. The Services do not otherwise respond to 'do not track' signals.
5. Opting Out of Collection of Information by Third Parties
6. Third-Party Links and Websites
7. Security and Retention of Information
OnTrack Group takes reasonable steps to protect the information users share with us from unauthorized use, access, and disclosure, both during transmission and at rest. However, no transmission of information via the Internet nor electronic storage solution can be entirely secure, so please be aware that we cannot guarantee absolute security.
You can access, update, and delete personal information you provide to OnTrack Group in your account profile by logging into your account on the relevant OnTrack Group Service. We may maintain a copy of the original version of your information in our records.
8. Transfer of Information to the United States
OnTrack Group is based in the United States and you acknowledge that the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the United States, where you may not have the same rights and protections as you do under local law.
9. Government and Private Party Information Requests
OnTrack Group occasionally receives various forms of legal process from government agencies and private parties requesting information about OnTrack Group users. Before we produce information, we will attempt to notify affected users and give them an opportunity to object unless notification is prohibited by law or if we believe that notification would create a risk of harm or be otherwise counterproductive.
10. Contacting OnTrack Group