Effective Date: January 1, 2025
1. Introduction
This Privacy Policy explains how Real Estate Marketing Corp. ("we," "our," "us") collects, uses, and protects the information you provide when using our website and services ("Services").
By accessing or using our Services, you agree to the terms of this Privacy Policy.
2. Information We Collect
We may collect the following types of information:
Personal Information: Name, email address, phone number, and other details you provide when signing up or contacting us.
Non-Personal Information: Browser type, IP address, and other technical data collected automatically.
3. How We Use Your Information
We use your information to:
• Provide and improve our Services.
• Communicate with you about updates, promotions, and offers.
• Ensure compliance with legal and regulatory obligations.
4. Sharing Your Information
We do not sell your personal information. We may share it with trusted third parties, such as service providers, for purposes including payment processing, marketing, and website analytics.
5. Your Rights
Depending on your location, you may have the right to:
• Access, correct, or delete your personal information.
•Opt out of certain data uses or communications.
•Request a copy of the personal data we have collected about you.
To exercise your rights, contact us at [email protected].
6. Data Security
We implement reasonable measures to protect your information from unauthorized access, alteration, or disclosure. However, no system is completely secure.
7. Cookies and Tracking Technologies
We use cookies to enhance your experience. By using our website, you consent to the use of cookies.
8. Changes to This Policy
We may update this Privacy Policy periodically. Changes will be effective immediately upon posting to this page. Please review this page regularly.
Parties –Real Estate Marketing Corporation is the seller and includes any successors, assignees, heirs, and all responsibilities, benefits and protections accrue to its employees, owners, shareholders, agents, and representatives All references to Seller, us and we herein shall mean Real Estate Marketing Corporation. Buyer is the real estate agent, individually, or an authorized agent for a real estate company, that has agreed to purchase a marketing program form Seller and includes any successors, assignees, heirs, and all responsibilities, benefits and protections accrue to its employees, owners, shareholders, agents, representatives. All referenced to Buyer, you and your herein shall mean Buyer. Seller and Buyer can be referred to collectively as Parties.
Addresses – Seller’s physical address is 3711 Briarpark Dr., Suite 395, Houston, TX 77042 or any subsequent address used by Seller in the operation of seller’s business. If seller ceases operations at the previously stated address, Seller shall update the Terms and Conditions with the new address. Buyer’s address will be considered the address Buyer provides to include on Buyer’s advertising which Seller will produce. Written notice sent to these addresses shall be considered sent to the proper address unless otherwise noticed in writing with receipt acknowledged or independent evidence of attempted delivery.
Signing Agents – Agents for Buyer and Seller have entered into this agreement as evidenced by Buyer accepting these terms and conditions and making payment to Seller and Seller accepting payment from Buyer. Each agent represents that they have the authority to enter into this agreement and the other party can rely upon this apparent authority. This agreement is binding upon the companies for which the agents work and will survive and continue beyond the service or employment of the agent until the agreement is cancelled.
Buyer’s Purchase – When this document references Buyer’s Purchase, it means the monthly postcard or other publication sent to an area chosen by Buyer. Buyer may add items to be incorporated on the Buyer’s Purchase and/or items delivered to Buyer electronically.
Cancellation – The process to produce printed materials takes many weeks and Seller incurs and pays expenses during the entire process. Up to twenty-one (21) days prior to mail date (the date the marketing material is taken to the post office), the mailing is finalized and prepared for printing. Because Seller must pay for professional services up to seven (7) days prior to having a press-ready digital file, the preparation to mailing process can take up to twenty-eight (28) days. Buyer must cancel the renewal of this Agreement thirty (30) days in advance. Notice given within the thirty days and/or after production on Buyer’s marketing has started will be considered for the following month. Either party can cancel this agreement by email. Buyer’s email will be considered any email provided by Buyer to Seller and SELLER’s email is [email protected].
Automatic Renewal – This agreement and your subscription begins as soon as your initial payment is processed. This agreement and your subscription will automatically renew each month without notice until you cancel in a timely manner. You authorize Seller to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. Seller will automatically charge you the then-current rate for your plan, plus applicable taxes and fees as described herein, every month upon renewal until you cancel.
If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription.
36 Month Price – Other than a postage increase, the price Buyer pays for 36 months shall not increase. For every penny the United States Postal Service (USPS) raises the price of a United States first class stamps after the parties entered into this Agreement, Buyer’s monthly cost will go up the corresponding penny (or pennies) for each postcard Seller sends on behalf of Buyer plus applicable sales tax and fees as defined herein. If USPS announces a postal price increase, Seller shall inform Buyer of the price increase. Regardless of what day in the month that the postal increase takes effect, Buyer’s price for that month shall reflect the higher postage rate. Buyer agrees and consents to any and all rate increases associated with US first class stamp price increases.
Pricing and add-ons – Seller advertises a rate that reflects Buyer purchasing a certain minimum quantity every month. If Buyer purchases less than that quantity, the price per piece will be higher and voids the 36 month price as described previously. Buyer acknowledges that they are fully aware of this and that Seller has many tiers of pricing. Buyer acknowledges that anything not included as agreed will be considered add-ons. Add-ons may be sold for a flat rate or price per item regardless of the number of postcards that Buyer buys or it may be sold on a tiered level. Seller does not grant exclusivity to Buyer for any add-ons.
FREE or Discounted– Anything, component or item provided by Seller to Buyer at no cost or discounted for a specific amount of time shall not incur a cost or expense for the agreed upon time. At the end of the agreed upon free period, Seller shall charge Buyer the then current rate for the free or discounted item or component. The burden is upon Buyer to cancel the free item before it will be charged to Buyer. Buyer cannot combine multiple free offers.
No Refunds – There shall be no refunds of any payments from Buyer to Seller. Seller shall share with Buyer proprietary secrets which Buyer agrees have a value greater than the amount of money that Buyer believes should be refunded by Seller. In addition to the sharing of proprietary secrets, Seller incurs expenses, costs and fees in establishing Buyer as a client with extensive initial designs that are unique to Buyer and the time spent cannot be regained and the work product cannot be resold or repackaged for anyone else. Furthermore, design print and mailing may take as long as a month from design to delivery. Seller incurs costs, fees and expenses that are unique to Buyer and the time spent cannot be regained and the work product cannot be recouped by reselling or repackaging them for another client.
Exclusive Routes – As long as Buyer does not cancel renewal of this agreement, Seller agrees not to sell the exact same postcard product to another Real Estate agent and mail to any postal route Buyer has chosen. This shall not stop Seller from marketing the exact same postcard product for other real estate agents for any other route not chosen by Buyer. Nor shall this preclude seller from selling other products for other real estate agents and delivering them to one or multiple or all residents on the routes that Buyer chose.
Route Changes – The physical aspect of Buyer’s purchase is delivered using USPS. Sometimes the USPS will add or remove a delivery address to Buyer’s chosen route. Buyer agrees that Seller made a good faith effort to initially identify the correct number of delivery addresses on Buyer’s chosen route(s). Buyer’s monthly price will go up or down concurrently with the number of deliverable addresses along Buyer’s route according to the USPS. Buyer consents and agrees to this fluctuation in price and charges.
No Guarantee – Seller does not guarantee any results from advertising. Advertising is a business expense that has no guarantee of generating any sales and/or income. The success of other customers does not guarantee success for Buyer.
Sales Tax/Fees – Buyer will be charged sales tax and fees on entire purchase price. The sales tax and fees combined shall not exceed the current prevailing sales tax rate of Harris County, Texas (currently 8.25%). Sales tax laws in Texas require that items produced and placed into the flow of commerce in Texas be charged local sales tax. Buyer’s finished pieces are being mailed at a Post Office in or sent to them electronically from Harris County, Texas. Buyer agrees to pay Taxes/fees charged in the exact amount of Seller’s sales tax rate of 8.25%. This may not accurately reflect the amount of sales tax paid by Seller. Accurately assessing sales tax can be difficult as postage can be assessed at different rates by the USPS, it is not taxed. Sales Tax as listed on any invoice, receipt, electronic notice or any other item or communication informing Buyer of the price shall include sales tax and fees. Seller pays numerous fees associated with the marketing, sales, production and delivery of this product, which may include, but are not limited to, marketing fees, credit card fees, exchange fees, VAT, processing fees, annual fees, ad valorem tax fees, internet fees, communications fees, property tax fees, delivery fees, service fees, postal fees, mailing fees, indicia fees, annual fees, program fees, design fees, royalties, etc. Buyer agrees that calculating the fees incurred or the percentage of fees and expenses incurred per customer would be time consuming and impractical. Buyer acknowledges these costs and expenses and agrees that any fees charged to Buyer are fair in amount paid and that Buyer agrees to pay these fees.
Electronic requirement - Buyer may purchase from Seller, or Seller may receive a commission on a product Buyer buys, items that require Buyer to maintain electronic assets, including, but not limited to email addresses, websites, landing pages, subscriptions, etc. The purchase, acquisition and maintenance of these electronic assets is the responsibility of Buyer. Seller will continue to charge and provide Buyer items that may require these electronic assets whether has or has maintained the electronic assets.
Logo Design – The price for the Advertising Agreement presumes that Buyer will supply a high resolution, digital version of Buyer’s logo that is suitable for printing to be used by Seller. If Buyer can not supply an appropriate logo, Seller will recreate Buyer’s logo and charge Buyer. Seller will inform Buyer of the price and shall charge Buyer. The logo may not be an exact reproduction, but will be reasonably similar.
Design and Typesetting Fees – The amount charged Buyer for Design and Typesetting fees does not accurately reflect standard charges for such services. If Buyer desires to alter the advertising, Buyer will be charged the current billing rate for these services.
Purchase Graphics and Fonts – If Seller must purchase any graphics or fonts for Buyer, Buyer is responsible to reimburse Seller for the expense paid regardless if other items were included, such as, multiple versions of the font in a package or a package of graphics. Seller will purchase the minimum amount possible that they know is available at the time of purchase.
Intellectual Property – Any design, artwork, text and/or articles used by Seller to promote Buyer is owned by Seller and cannot be used in any manner by Buyer without compensation to Seller. This does not apply if Buyer supplies artwork as a print ready file.
Content Responsibility – Buyer is responsible for accuracy of the advertising content, including, but not limited to, offers, addresses, phone numbers, open hours/days, web site, social media, spelling, graphics, awards claimed, etc. Buyer is also responsible for any disclaimers or other language/content that must be included in Buyer’s advertising.
Map may not be accurate – Any map shown or seen by Buyer concerning the areas Seller will mail Buyer’s Purchase may not be completely accurate as to scale and boundaries. Seller has relied on other entities to create and/or reproduce the maps.
Delay of Mail/Non-Delivery of Mail – If Seller provides a good faith estimate of a projected Mail Date, it is a good faith representation of when Seller believes Buyers purchase will be mailed. The preparation, printing and mailing process has many steps and numerous situations can cause a delay. Once delivered to the Post Office and mailed, Buyers purchase may be delayed by the Post Office and Postal employees for numerous reasons as well. Buyer will hold Seller harmless for any delay of the Mail Date. Furthermore, Buyer shall hold seller harmless for the non-delivery of Buyers purchase. Seller is responsible for producing Buyer’s purchase and delivering it to the Post Office.
Renters – Seller claims to send the publications to homeowners, but Seller cannot guarantee that every delivery is to the homeowner and not a resident or renter. Seller cannot guarantee that publications are not sent to apartments. Buyer acknowledges these facts and releases Seller from any causes of action that include any misunderstanding or misrepresentation of this information.
Advertising Agencies – Seller does not provide any discounts to advertising agencies for placing advertisements in any publication of Seller.
Suspension of Operations – Buyer or Seller can suspend operations for any reason.
Limitation of Liability – Seller’s maximum liability for any claim or cause of action whatsoever, including, but not limited to any breach, breach of agreement, breach of contract or tort, is Buyer’s most recent payment to Seller.
Hold Harmless – Buyer shall hold Seller harmless for all causes of action brought or threatened to be brought by a third party against Buyer any cause of action that is in any manner related to the services provided by Seller.
Indemnification – Buyer shall indemnify Seller against any and all causes of action brought by or threatened to be brought by any third party for any reason having any basis of any relationship between Buyer and Seller. This includes, but is not limited to, providing legal representation, reimbursement for legal representative, all costs, expenses, payment for time and fees and interest on these expenses incurred by Seller.
Choice of Law/Venue – This agreement shall be construed using Texas Law and any and all causes of action arising from this agreement shall be brought in Harris County, Texas and arbitrated there, if applicable.
Arbitration – Other than non-payment for advertising services brought by Seller, all other causes of action shall be submitted to Arbitration for final dispute resolution.
Headings – The headings or titles of each paragraph are for general purposes only and do not restrict any contents of the paragraphs from being consider as part of the agreement(s) of the parties.
Mutual Agreements - Both parties contributed to the Agreement, these Terms and Conditions and any other agreements Buyer and Seller have entered. Each party had the ability to review and amend any and all terms and/or conditions. These shall not be construed more harshly against one party.
Construing these Terms and Conditions – The Agreement(s) between Buyer and Seller as well as these Terms and Conditions are to be considered in their entirety. The parties desire to conduct business together in an ongoing relationship and these documents should be considered in a light of continuing the relationship unless a party clearly cancels the agreements. Striking a portion of any of the documents between the parties does not cancel the agreements. The agreements should be construed as if the portion that is struck did not exist.
Contact Us
For any questions about this Privacy Policy & Terms of Service, please contact us at: Real Estate Marketing Corp.
Email: [email protected]
Phone: 832-343-4633
Address: 3711 Briarpark, Houston, TX 77042