How Real Estate Agents Win Listings

ECHO LEGAL


This privacy policy governs your use of the software application Echo (“Application”) for mobile devices that was created by QuickBidsApp, LLC.

The Application is a communication tool developed to benefit Real Estate Agents and Property Owners. Using various search sites like Zillow.com or FSBO.com, as well as other websites and advertisements, the Application empowers Real Estate Agents to create and send professionally formatted Proposals* (also known as "ECHO-grams") to Property Owners.

* It's recommended that Agents follow established state Department of Real Estate listing guidelines when communicating with potential clients. An ECHO-gram proposal is not a replacement for a state required contract. Its goal is to help facilitate a successful agreement between all parties. 

What information does the Application obtain and how is it used?

User Provided Information 

The Application obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us.

When you register with us and use the Application, you generally provide (a) your name, email address, user name, password and other registration information;  (b) information you provide us when you contact us for help; (c) information you enter into our system when using the Application, such as profile information.

 We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.

Automatically Collected Information 

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application. 

Does the Application collect precise real time location information of the device?

This Application does not collect precise information about the location of your mobile device. 

Do third parties see and/or have access to information obtained by the Application?

Only aggregated, anonymized data may be periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement.

We may disclose User Provided and Automatically Collected Information:

as required by law, such as to comply with a subpoena, or similar legal process;

when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;

with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.

if Echo is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

What are my opt-out rights?

You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email at info@echoapp.biz.

Data Retention Policy, Managing Your Information

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to one year and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at info@echoapp.biz and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

Children

We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at info@echoapp.biz. If we receive a contact from the parent or guardian of a minor user, or otherwise become aware that we have collected data from a child, we will delete such information from our files within a reasonable time.

Linked and Embedded Sites and Services

This Application may contain links to third party websites or services. Similarly, portions of the Application may contain or use embedded files and services that are not controlled by QuickBidsApp LLC. These linked sites and services are not covered by this privacy statement and your use of the same may be subject to a third party agreement. QuickBidsApp LLC accepts no responsibility or liability for use of, or disclosure to, linked or embedded sites or services. 

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no data transmission over the Internet can be guaranteed to be 100% secure and no security system can prevent all potential security breaches. Because QuickBidsApp LLC cannot ensure or warrant the security of any information you transmit through the Application, you do so at your own risk. 


Changes

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy at http://www.echoapp.biz/legal.html. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the California. If you reside outside the California your information will be transferred, processed and stored there under California privacy standards. 

Contact us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at info@echoapp.biz.

An Echo "Proposal", otherwise known as an "ECHO-gram", is sent using conventional text messaging and/or email in an unsecured and non-encrypted manner. When you email or text a Proposal, a copy of your proposal document is uploaded to and hosted on a secure web server. Your proposal document remains on the web server for approximately 30 days and remains available to your client for that same period of time, after which the proposal document is then permanently deleted. Do not include any personal or sensitive information in your proposal that you would not feel comfortable sending in this manner.

Echo and QuickBidsApp, LLC assumes no responsibility for:

Agents, Owners, Buyers or Renters who misrepresent themselves.

Agents, Owners, Buyers or Renters who perform in an unsatisfactory manner.

Unsuccessful, unsatisfactory, ignored or rejected proposals.

Proposals that are not received or not responded to for any reason including software malfunctions, network outages or disinterested parties.

Stolen or misused proposal information.

Any and all part of your real estate transactions.

Fraudulent use of the Application.


Any use of the Application in a manner which violates the User Agreements of other websites or companies.


It is the sole responsibility of the Echo user to comply with all Site Terms and User Agreements of other websites when sending proposals or other communications to those websites.

Unless otherwise indicated, all website and product and service materials, including, without limitation, text, the QuickBidsApp LLC name and logo, and all designs, text graphics, images, videos, and other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of QuickBidsApp LLC or its licensors. You may electronically copy and print to hard copy portions of this website or mobile application for the sole purpose of using materials it contains for informational and non-commercial use. Reproduction for purposes other than described above, modification, distribution, republication, display or performance – without the prior written permission of QuickBidsApp LLC – is strictly prohibited.

QuickBidsApp LLC, and any proprietary product or service names contained on this Application are either trademarks or registered trademarks of QuickBidsApp LLC or its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of QuickBidsApp LLC. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of QuickBidsApp LLC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of QuickBidsApp LLC. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

If you believe that any material on this website or mobile application infringes upon any copyright or trademark that you own or control, or that any link on this website directs users to another website that contains material that infringes upon any intellectual property which you own or control, you may file a notification of such infringement with our legal counsel:

Wolk & Levine, LLP
535 N. Brand Blvd., Ste. 950
Glendale, CA 91203
Attn: Zack Levine, Esq.
zjl@wolklevine.com

Please provide the following with your notice:

a) Identify the material on the site that you claim is infringing, with enough detail so that we may locate it on the website;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

QuickBidsApp LLC will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA) and the World Intellectual Property Organization Copyright Treaty.

Echo and QuickBidsApp, LLC is not responsible in any way for your use, misuse or non-use of the Echo application or its related processes.. The Application and its associated content and materials are provided on an “as is” basis without warranties of any kind, either express or implied. QuickBidsApp LLC disclaims any warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and title and noninfringement. QuickBidsApp LLC does not represent or warrant that this Application or its associated content and materials, including without limitation any information or services provided by third parties, are accurate, complete, reliable, current, or error-free. QuickBidsApp LLC makes no warranties or guarantees regarding the availability of the services provided through the Application. 

By using Echo you assume all risks associated with using the Application and agree to hold harmless QuickBidsApp, LLC and all of its contractors, subcontractors and associates.

IN NO EVENT SHALL QUICKBIDSAPP LLC OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS APPLICATION OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS APPLICATION, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM QUICKBIDSAPP LLC, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OF ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO QUICKBIDSAPP LLC’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF QUICKBIDSAPP LLC (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE APPLICATION EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO QUICKBIDSAPP LLC FOR ACCESS TO OR USE OF THIS APPLICATION.

By using Echo you understand that an Echo “Proposal" is not a binding legal agreement and that it is not intended to replace any and all mandatory forms required by the state or real estate board having legal jurisdiction over your real estate transaction. It is recommended that Agents follow established state Department of Real Estate listing guidelines when communicating with potential clients.

Any and all controversies, claims or disputes arising out of or related to this Application or these terms and policies or the interpretation, performance or breach thereof, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties, and the determination of the scope or applicability of this agreement to arbitrate, except as set below, shall be resolved according to the following procedures, which shall constitute the sole dispute resolution mechanism hereunder:

In the event that the parties are unable to resolve any dispute informally, then such dispute shall be submitted to final, confidential, and binding arbitration. The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator

The arbitrator shall follow California law in adjudicating the dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of the Los Angeles Superior Court. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in California. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered.