Last modified: May 2025

These Terms of Service – e (“Agreement”) are between you (“You”) and MoxiWorks LLC, a Washington limited liability company (“MoxiWorks”) and govern Your use of this real estate technology platform, including the software and applications included therewith (which applications include the Comparative Market Analysis Application (“CMA Application”)), and all content, hosting, and related services provided in connection therewith, all of which together constitute the “Site”.

1. ADDITIONAL TERMS

Certain features of the Site may be subject to additional terms (“Additional Terms”) presented in conjunction with such features. You must agree to any applicable Additional Terms before using the features of the Site to which they apply. Unless otherwise specified in any Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the Site to which they relate. If any Additional Term is inconsistent with the provisions of this Agreement, the Additional Term will prevail for the specific feature of the Site to which it applies.

2. ACCEPTANCE OF AGREEMENT

By clicking the “I Agree” button below or by accessing and using the Site, You (a) agree to be bound by this Agreement; (b) represent and warrant that, You are 18 years old or older and, if You are acting on behalf of an entity, that the entity is a corporation, partnership, or other legal entity duly formed (and incorporated, if applicable) in good standing where required to do business, and You have all legal authority and power to accept this Agreement on the entity’s behalf; (c) agree to provide true, accurate, current, and complete information in any registration forms required in connection with the Site; (d) represent and warrant that You have the power and authority to enter into and perform under this Agreement; and (e) represent and warrant that Your use of the Site will comply with the terms of this Agreement and all applicable laws. If You are a third party accessing an account(s) on behalf of an account owner (e.g., as an administrator), You agree that this Agreement applies to Your activities on behalf of such account owner. If this Agreement or any future changes are not acceptable to You, Your sole remedy is to no longer use the Site.

3. MODIFICATIONS

MoxiWorks may modify this Agreement at any time in its sole discretion. Modifications are effective upon being posted on the Site and will apply to Your use of the Site after any such changes are posted. Although MoxiWorks may provide notice to You of changes to this Agreement, You are responsible for reviewing the Agreement posted on the Site periodically to ensure that You are aware of any changes. Your continued use of the Site following MoxiWorks’ modification of this Agreement will constitute Your acceptance of the changes. Any new or additional features, tools, services, or content that are added to the Site will also be subject to this Agreement.

4. PLATFORM ACCESS AND USE

MoxiWorks grants You a personal, limited, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Site only on servers controlled by MoxiWorks in accordance with the use instructions (including configuration options) included with the Site. You may only use the Site for the purpose of assisting in the marketing and sale of real property and not for any other purpose.

In connection with Your access to the Site and MoxiWorks Content (as defined below), You agree that You will not use the Site or the MoxiWorks Content, in a way that is unlawful or prohibited under this Agreement. Except for the limited rights set forth in this Section, You may not:

• Download, copy, transmit, exploit, broadcast, perform, modify, distribute, publicly display, or create a derivative work of the Site, or sell, lease, sublicense or otherwise assign, or transfer any right in the Site;
• Violate any applicable federal, state or local law or regulation, including but not limited to, any laws regarding the export of data or software from the United States or other countries, the Civil Rights Acts of 1866 and 1964, the Fair Housing Act, the Americans with Disabilities Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, and the CAN-SPAM Act of 2003;
• Obtain unauthorized access to the Site;
• Send any advertising or promotional material that is unrelated to the purchase, sale, or marketing of real estate in connection with the Site;
• Send junk mail, chain letters, spam, contest advertisements, or similar unsolicited messages;
• Create a false identity for the purpose of misleading others, including attempting to impersonate MoxiWorks, a MoxiWorks employee, or another user;
• Engage in defamation, harassment, or abuse, or otherwise violate, or attempt to violate, the rights of others;
• Publish, post, upload, distribute or disseminate any material or information on the Site that is inappropriate, profane, defamatory, infringing, obscene, harassing, harmful, threatening, tortious, libelous, invasive of another’s privacy or right of publicity, hateful, or unlawful, or that is racially, ethnically, or otherwise objectionable on the Site;
• Falsify or remove any notices or proprietary markings indicating the origin or source of information that is uploaded or downloaded from the Site, including MoxiWorks Content;
• Use a third party’s content in unauthorized manner, including by uploading information that contains material protected by intellectual property laws or rights of privacy that You do not own and for which You have not obtained necessary consents;
• Use the Site in any manner that could disable, overburden, damage, impair, or interfere with any other party’s use of the Site or employ any device or software in an attempt to do so;
• Circumvent the user authentication or security of the Site or any host, network, or account related thereto;
• Introduce any harmful material or software designed to cause damage or impair functioning of the Site. including but not limited to, viruses, trojan horses, worms, logic bombs, cancelbots, or corrupted files;

You agree not to access the Site by any means other than through the designated interfaces that are provided or authorized by MoxiWorks for use in accessing the Site. For example, the CMA Application is a part of the Site though it may be presented and may run as a separate application (using a separate interface for access) or it may be presented and may run as an embedded application within the overall platform framework.

You may not use the features and functionality, web pages or parts of web pages, or application outputs (e.g., compiled presentation reports (“CMA Reports”)) that are generated by means of the Site (other than Your Content (as defined below) contained therein), on any applications, devices or servers other than servers controlled by MoxiWorks without MoxiWorks’ express written authorization. Notwithstanding the foregoing, You may store CMA Reports in .pdf format on Your personal computing devices. You acknowledge and agree that the Site is intended for access and use by means of web browsing software, and that MoxiWorks does not commit to support any particular web browsing platform. MoxiWorks reserves the right at any time to revise and modify the Site, release subsequent versions and to alter features, specifications, capabilities, functions and other characteristics of the Site, without notice to You. If any revision or modification to the Site.

5. TERM AND TERMINATION

This Agreement commences on the date that You first access and use the Site and continues until terminated by either party in accordance with this Section. Either party may terminate this Agreement at any time and for any reason upon written notice to the other party.

In the event of termination, MoxiWorks may, at its option, permanently delete from its servers any and all information and content (including Your Content (as defined below)) that You have uploaded to the Site, including but not limited to any web pages generated by You or the Site and any CMA Reports generated by You or the CMA Application. MoxiWorks will not be responsible or liable for such deleted information and content.

6. SUSPENSION

MoxiWorks may, in addition to its right to terminate this Agreement, suspend all or part of the Site and/or suspend or limit Your access to the Site if MoxiWorks determines any such suspension to be necessary for any technical, security, or other reason.

Without limiting the foregoing, we retain the right to decline to provide the Site to any user who violates this Agreement or our Privacy Policy.

7. USE GUIDELINES

You acknowledge and agree that MoxiWorks may, from time to time during the term of this Agreement, issue instructions, use guidelines, and policies regarding Your use of the Site and that You will be bound by such guidelines upon their issuance.

8. ACCESS AND SECURITY

You may receive a password from MoxiWorks to access and use the Site. You agree to keep Your password confidential. You are fully responsible for all activities that occur under Your password on the Site. You agree to immediately notify MoxiWorks of any unauthorized uses of the Site or any other breaches of security of which You become aware. You acknowledge and agree that MoxiWorks will not be liable for Your acts or omissions or those of any user of the Site to whom You gave access, including any damages of any kind incurred as a result of such acts or omissions.

9. YOUR CONTENT

You may be able to upload content on the Site (including, but not limited to, Your personal information, data, text, links to content, software, music, sound, photographs, graphics, videos, messages or other materials (collectively, “Your Content”)). You are legally responsible for all of Your Content that You upload, post or store on or in connection with the Site. You represent and warrant that (a) You have all necessary rights in and to all of Your Content; (b) Your Content does not infringe any proprietary or other rights of any third party; (c) Your Content is accurate and will not cause injury to any person; and (d) You will indemnify MoxiWorks and its employees, officers, directors, affiliates, contractors, suppliers, and agents, for all claims resulting from Your Content. You grant MoxiWorks a worldwide, royalty-free, perpetual, non-exclusive, irrevocable, and fully sublicensable license to host and use Your Content in connection with its operation of the Site and otherwise in connection with MoxiWorks’ business operations (including rights to use, reproduce, modify, publish, create derivative works of, display, transmit, and broadcast).

10. MOXIWORKS CONTENT; MLS CONTENT AND TERMS

MoxiWorks may make its own or third-party content available to You for use on the Site (“MoxiWorks Content”). Your use of the MoxiWorks Content will be limited to use on the Site and You may only modify the MoxiWorks Content if modification is expressly permitted by use instructions on the Site. You may not use any trademarks, product or service names of MoxiWorks or its licensors without MoxiWorks’ prior written permission. Without limiting the foregoing, (a) information about and photographs of individual properties are provided by the listing agent and/or by the multiple listing service (“MLS”) for the area in which the subject property is located, and may not be copied or used in any manner without the express permission of the copyright owner; and (b) information about individual properties will be provided by one or more multiple listing services (MLS) and subject to terms and disclaimers provided by each MLS.

MoxiWorks Content includes consumer data provided through Infutor Data Solutions (“Infutor Data”). If You elect to purchase Infutor Data through MoxiWorks, You will receive a limited, revocable license to use the Infutor Data solely in connection with (and for the duration of) Your use of the Site, for the limited purposes of (i) updating, maintaining, and storing customer contact information, (ii) communicating with customers and potential customers, and (iii) analyzing customer contact information in connection with marketing research, strategy, and initiatives.

MoxiWorks may add or remove MLS content and the applicable terms or to reflect revised terms applicable to any MLS content that is made available in connection with the Site. You agree to comply with the MLS terms and to only access and use the MLS content for which You are authorized (e.g., certain MLS content may be restricted for use by agents in certain geographic regions and/or that are members of certain regional or national organizations). The MLS terms will describe the requirements for access and use of the various MLS content.

11. PUBLIC COMMUNICATION

You may have the opportunity to communicate with others via chat, forums, bulletin boards, or other similar types of communication on or through the Site. In connection with such public communications, You may not upload, post, reference or link to any content that (a) violates this Agreement; or (b) violates any acceptable use policies that MoxiWorks may issue in connection with the Site. You agree that (i) these are public and not private communications; (ii) You have no expectation of privacy concerning Your use of or participation in any communication channels made available on or through the Site; and (iii) personal information that You share publicly on or through the Site may be seen and used by others and may result in unsolicited communications. MoxiWorks is not responsible or liable for any information that You choose to publicly communicate on or through the Site, or for the actions of any other users accessing web pages or features made available on or through the Site.

12. PROPRIETARY RIGHTS AND OWNERSHIP

You acknowledge and agree that the Site and MoxiWorks Content contains proprietary and confidential information that is protected by copyright, patent, trademark, trade secret, and other applicable intellectual property and other laws. Except for Your limited access and use license, (a) You may not use, copy, transmit, modify, distribute or create any derivative works of the Site or the MoxiWorks Content; and (b) MoxiWorks, its licensors, and its third-party suppliers retain all right, title and interest in and to the Site and the MoxiWorks Content, as applicable.

13. SUPPORT

MoxiWorks has no obligation to provide support to You in connection with Your use of the Site.

14. INDEMNIFICATION

You agree to defend, indemnify and hold harmless MoxiWorks and its employees, officers, directors, affiliates, contractors, suppliers, and agents from and against any and all liabilities, claims and expenses (including attorneys’ fees) that arise from Your breach of this Agreement or Your breach of any MLS terms or in connection with Your use of the Site or any of Your Content that You upload to the Site. Without limiting the foregoing indemnification obligations, MoxiWorks reserves the right to, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You agree to reasonably cooperate as requested by MoxiWorks in the defense of any claims.

15. DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE AND THE INFORMATION, MOXIWORKS CONTENT, SOFTWARE, PRODUCTS AND SERVICES (INCLUDING ANY HOSTING SERVICES) ASSOCIATED WITH IT ARE PROVIDED “AS IS.” MOXIWORKS AND/OR ITS AFFILIATES, SUPPLIERS, AND REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MOXIWORKS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE MOXIWORKS CONTENT. IN PARTICULAR, MOXIWORKS MAKES NO WARRANTY THAT THE SITE OR MOXIWORKS CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. NOR DOES MOXIWORKS WARRANT THAT ANY DEFECTS OR ERRORS ON THE SITE OR CONTENT WILL BE CORRECTED. USE OF THE SITE IS AT YOUR OWN RISK.

MOXIWORKS, ITS AFFILIATES, ITS SUPPLIERS, AND REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOXIWORKS OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE AGGREGATE LIABILITY OF MOXIWORKS, ITS AFFILIATES, SUPPLIERS, AND REAL ESTATE PROFESSIONALS UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE SITE WILL NOT, FOR ANY REASON, EXCEED TEN DOLLARS (US$10).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

16. DISPUTE RESOLUTION

You agree that any claim or controversy arising out of or relating to this Agreement and/or the use of the Site will be governed by the laws of the state of Washington, and that venue for any action arising from or related to this Agreement and/or the use of the Site will be solely in any court of competent jurisdiction in Seattle, King County, Washington, USA. If either party employs attorneys to enforce any rights in connection with any such dispute or lawsuit the prevailing party will be entitled to recover reasonable attorneys’ fees.

17. ASSIGNMENT

You may not assign this Agreement, in whole or in part, without the prior written consent of MoxiWorks, and any attempted assignment will be void. MoxiWorks may assign this Agreement at our sole discretion. This Agreement will bind and inure to the benefit of permitted assigns.

18. RELATIONSHIP OF PARTIES

This Agreement will not establish a partnership, joint venture, employment, franchise, or agency between MoxiWorks and You. Neither party will have the authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Except as otherwise expressly provided herein, there will be no third-party beneficiaries to this Agreement.

19. CLAIMS OF COPYRIGHT INFRINGEMENT

MoxiWorks respects the intellectual property rights of others and take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from the Site infringe Your copyright, You may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512(c)(3)) (“DMCA”), Your written notice (“DMCA Notice”) must include substantially the following:

a. Identification of the copyrighted work that You claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;

b. Identification of the material that You claim is infringing, including a description of where it is located so that our copyright agent can locate it;

c. Your name, address, telephone number, and, if available, e-mail address, so that our copyright agent may contact You about Your complaint;

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.

Our designated copyright agent to receive DMCA Notices is:

Erin S. Hennessy
Haynes and Boone LLP
30 Rockefeller Plaza, 26th Floor
New York, NY 10112
Phone: 2128354858
Email: DMCA@haynesboone.com

If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective. Please be aware that if You knowingly materially misrepresent that material or activity on the Site is infringing Your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If You believe that material You posted on the Site was removed or access to it was disabled by mistake or misidentification, You may submit a counter notification to our copyright agent. Pursuant to the DMCA, a valid counter notification must include substantially the following:

a. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

b. Your name, address, telephone number, and, if available, e-mail address, so that our copyright agent may contact You about Your counter notification;

c. A signed statement under penalty of perjury that You have a good faith belief that the material identified in Your counter notification was removed or disabled as a result of mistake or misidentification;

d. A signed statement that You consent to the jurisdiction of Federal District Court for the judicial district in which Your address is located, or if Your address is outside of the U.S., for any judicial district in which the Site may be found; and that You will accept service of process from the person (or agent of that person) who provided the Site with the DMCA Notice at issue.

Our designated copyright agent to receive counter notifications is:

Erin S. Hennessy
Haynes and Boone LLP 30 Rockefeller Plaza, 26th Floor
New York, NY 10112
Phone: 2128354858
Email: DMCA@haynesboone.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against You within ten business days of receiving the copy of Your counter notification. Please be aware that if You knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate a repeat infringer’s account or other similar ability to use the Site.

This information should not be construed as legal advice. We recommend You seek independent legal counsel before filing a DMCA Notice or counter notification.

20. THIRD-PARTY SERVICES AND LINKS

The Site may incorporate third-party services (e.g., Google Analytics, Google Mapping, Twilio) and Your use of such third-party services will be at Your own risk and subject to any additional terms provided with the service. MoxiWorks will not be liable or responsible for the third-party service, including as to delivery and accuracy. The Site may include links to third-party sites and content and Your use of such third-party sites and content will be at Your own risk and subject to any additional terms applicable to the third-party sites and content. MoxiWorks will not be liable or responsible in any way for such third-party sites and content.

PRIVACY

You acknowledge and agree that MoxiWorks may use Your personal information submitted by You in accordance with the terms of the MoxiWorks Privacy Policy located at https://moxiworks.com/privacy-policy.

22. CONFIDENTIALITY

You agree that this Agreement and the non-public components of the Site and all non-public information provided in connection with this Agreement and the Site are the confidential and proprietary information of MoxiWorks and its third party suppliers (“MoxiWorks Confidential Information”). You agree not to disclose MoxiWorks Confidential Information to any third party without the prior written consent of MoxiWorks. If You are required by law to disclose any MoxiWorks Confidential Information You agree to provide MoxiWorks with as much advance notice and an opportunity to intervene to prevent or limit such disclosure before complying with any legally required disclosure. You agree to protect MoxiWorks Confidential Information in the same manner that You protect Your own confidential information but in no event to use less than industry standard efforts.

23. FORCE MAJEURE

Except for any obligations to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including but not limited to, acts of war, acts of terrorists, acts of God, earthquake, flood, embargo, riot, labor shortage or dispute, and/or failure of the internet.

24. SITE NOTICE

MoxiWorks may provide You notice under this Agreement to the email address that You provide when registering for access and use of the Site. Notices emailed to You will be deemed given and received when the email is sent. You may provide notice under this Agreement to MoxiWorks to the following address:

MoxiWorks LLC
Attn: Chief Financial Officer
1000 Second Ave. Suite 1300
Seattle, Washington 98104

25. SURVIVAL

The following Sections will survive the expiration or termination of this Agreement: 5, 9, 12, 14, 15, 16 – 18, 20, 23, and 26 – 28.

26. INTEGRATION AND SEVERABILITY

This Agreement constitutes the entire agreement between You and MoxiWorks and supersede any prior agreement(s) pertaining to the Site (including prior versions of this Agreement). If any provision of this Agreement is found by a court of competent jurisdiction to be void or unenforceable the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions of this Agreement will remain in full force and effect. 

27. SMS Terms & Conditions

1- SMS Consent Communication:

The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

2- Types of SMS Communications:

If you have consented to receive text messages from [Company Name], you may receive messages related to the following:

• Conversations (External).
• Conversations (Between employees)

Example: “Hello, this is a friendly reminder of your upcoming appointment with Dr. [Name] at [Location] on [Date] at [Time]. You can reply STOP to opt out of SMS messaging from (Brand Name) at any time.”

3- Message Frequency:
Message frequency may vary depending on the type of communication. For example, you may receive up to [X] SMS messages per week related to your [Conversations (external) and Conversations (between employees)].

Example:
“Message frequency may vary. You may receive up to 2 SMS messages per week regarding your appointments or account status.”

4- Potential Fees for SMS Messaging:

Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

5- Opt-In Method:

You may opt-in to receive SMS messages from [Company Name] in the following ways (This is an example. Please include the method used.)

• By submitting an online form

6- Opt-Out Method:

You can opt out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

7- Help:

If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at (insert the link or e-mail)

Additional Options:

• If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

8- Standard Messaging Disclosures:

• Message and data rates may apply.
• You can opt out at any time by texting “STOP.”
• For assistance, text “HELP” or visit our [Privacy Policy] and [Terms and Conditions] pages.
• Message frequency may vary

Last Revised: May 2025

MoxiWorks (“MoxiWorks”, “our”, “we”, or “us”) understands your privacy is important. This Privacy Policy (the “Privacy Policy”) describes how we collect, use, store, process and share your information in relation to your access and use of this website and any other websites operated by MoxiWorks, our mobile applications, and any of our other products or services that link to this Privacy Policy (the “Service”). By visiting, accessing or using the Service, you expressly consent to the collection, use, storage, transfer, processing and disclosure of your information, including personally identifiable information, as described in this Privacy Policy. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, DO NOT ACCESS OR USE ANY PART OF THE SERVICE, REGISTER FOR AN ACCOUNT, OR MAKE A PURCHASE.

This Privacy Policy complies with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Privacy Policy. All capitalized terms not defined in this Privacy Policy have the respective meanings set forth in our terms of service located at (“Terms of Service”).

PLEASE BE AWARE THAT MOXIWORKS AND ALL ASSOCIATED SERVICES AND SYSTEMS ARE HOUSED ON SERVERS IN THE UNITED STATES AND CANADA. IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES OR CANADA, INFORMATION WE COLLECT (INCLUDING COOKIES) ARE PROCESSED AND STORED IN THE UNITED STATES AND CANADA, WHICH MAY NOT OFFER THE SAME LEVEL OF PRIVACY PROTECTION AS THE COUNTRY WHERE YOU RESIDE OR ARE A CITIZEN. BY USING THE SERVICE AND PROVIDING INFORMATION TO US, YOU CONSENT TO THE TRANSFER TO AND PROCESSINGOF THE INFORMATION IN THE UNITED STATES AND CANADA.

1. INFORMATION COLLECTION

1.1 Summary of Information Collected

As discussed further below, we have collected the following categories of personal information from users in the last twelve (12) months. We obtain these categories of personal information with the methods described herein.

Personal information under the CCPA does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.

Additionally, the following types of personal information are excluded from the CCPA’s scope:

• Certain health or medical information otherwise covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
• Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

1.2 Descriptions of Information Collected

(a) General. When you use the Service, you can browse without submitting any personally identifiable information about yourself. We will, however, receive and store some non-personally identifiable information about you, as described below. In order to participate in certain functionalities, you may be asked to provide personally identifiable information. “Personally identifiable information” is information that would allow us to actually identify you, such as your name, postal address, email address, telephone number, or any other information the Service collects that is defined as personal or personally identifiable information under applicable law. Additionally, you may also be asked to provide information, such as details about a home or other real estate properties. Information may be collected, for example, when you register on the Services, share or save a property via your account, save preferred searches, correspond with real estate agents, brokers, or other real estate professionals via the Services, or complete other forms or transactions. 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.

(b) Account; Login. If you create an account, you will be asked to provide and we may collect certain information, including, but not limited to, your email address and password selected by you. It is your responsibility to keep your information up to date and to ensure that we have an active and deliverable email address for you. We are not responsible for any problems, interruptions in access, or liability that may arise if you do not give us complete and accurate information or if you fail to update your information so that it is current. Specific details on how to correct or change your information are provided on the “Settings” page of “My Account.” Subscription information can be removed from our e-mail lists by changing the “Unsubscribe” settings.

(c) Payments. If you make a payment to MoxiWorks, we will ask for information required for payment processing, such as credit or payment card number, expiration date, CVV number, billing address, company name, and additional information required for payment processing (Payment Information”) and other information requested for processing your payment. We use third-party payment processors, currently Shopify and Braintree, (each, a “Payment Processor”) to assist in securely processing your Payment Information. The Payment Information that you provide through the Services is encrypted and transmitted directly to a Payment Processor. We do not store your Payment Information and do not control and are not responsible for Payment Processors, or their collection or use of your information. You may find out more about how Shopify stores and uses your Payment Information by accessing the privacy policy for Shopify’s services (see https://www.shopify.com/legal/privacy). You may find out more about how Braintree stores and uses your Payment Information by accessing the privacy policy for Braintree’s services (see https://www.braintreepayments.com/legal/braintree-privacy-policy.)

(d) Public Content. You may provide information through the Service that is intended for public consumption and is therefore viewable by the public, including photos, ratings, reviews, tips, lists, and real estate listing information.

(e) Location Information. If you use our Service, we may receive your generic location (such as city or neighborhood) or, with your consent, precise geographic location data. We may use and store this information to provide and improve features of our Service. For example, to tailor our Site on a needs-based manner to better facilitate your use and to provide you more relevant content about real estate in your city or cities you visit.

(f) Automatically Collected Information. Similar to other websites and services, we may collect some information automatically and store it in log files. We may use third-party analytics providers (“Analytics Providers”) to collect this information about the Service. See subsection 1.2(g) below (Third-Party Analytics) for more information on our use of Analytics Providers and the information collected by such providers. This collection may include, but is not limited to: your IP address, browser type and language, device type, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time of each request you make. We collect this non-identifying information in order to better understand our users, to more efficiently operate our business, to promote our services and to improve the quality of the Service. We may automatically collect information using various tracking technologies, such as cookies and web beacons.

1. Cookies. A cookie is a small text file that is stored on a computer or smartphone for record-keeping purposes. Our Analytics Providers use cookies to record information about your activities while using the Service and to “remember” you when you return to the Service. Some cookies remain on your computer or device until you delete them. Others, like session ID cookies, expire when you close your browser. You may set your browser or device setting to attempt to reject cookies and you may still use the Service, however, certain features of the Service may not be available if your browser or device does not accept cookies. See subsection 1.2(h) (“Do Not Track” Settings) below for more information on how the Service may respond to your browser or device settings. We do not control the use of cookies by third parties. See also Section 3.6 (Disclaimer) below.
2. Web Beacons. Web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) are tiny graphics with a unique identifier that are used to track the online movements of web or mobile app users. Unlike cookies, which are stored on a computer’s hard drive or your smartphone, web beacons are small graphics that are about the size of the period at the end of the sentence that are embedded invisibly on, for example, web pages or in HTML-based emails. Our Analytics Providers may place web beacons on the Site that track what other websites you visit (both before and after visiting the Site). Our Analytics Providers use information obtained from web beacons to help us improve our business and the Service. We do not control the use of web beacons by Analytics Providers.

(g) Third-Party Analytics. We use Analytics Providers, such as Google Analytics and DoubleClick Cookies, to collect information about Service usage and users of the Service. These Analytics Providers may use cookies and pixels to collect usage information from users that visit the Service, including information about the pages where users enter and exit the Service, what pages users view on the Service, time spent on each page, browser version, operating system, internet protocol address, and geolocation information. These technologies allow the Analytics Providers to recognize a user when a user visits the Service and when the user visits other websites. The Analytics Providers share the information they collect from the Service and from other websites with us and other website operators, including but not limited to age range, gender, geographic regions, general interests and details about devices used to visit websites and purchase items. Many of these companies collect and use information under their own privacy policies. You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page. For more information regarding Google’s collection methods and use of information, see Google’s privacy policy by visiting the following link: https://policies.google.com/privacy?hl=en. If you would like to opt out of Google Analytics tracking, please visit the following link: https://tools.google.com/dlpage/gaoptout.

(h) “Do Not Track” Settings. Because we track Service usage information through the use of cookies, web beacons, and other tracking mechanisms, your selection of the “Do Not Track” option provided by your browser or smartphone may not have any effect on our collection of information via tracking technologies. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser and smartphone to delete and disable cookies and other tracking/recording tools. Getting a “Do Not Track” signal to work as you might want is difficult. Using browsers as an example, not all tracking technologies can be controlled by browsers: unique aspects of your browser might be recognizable even if you disable a tracking technology; not all settings will necessarily last or be effective; even if a setting is effective for one purpose, data still may be collected for another; and even if one website observes a “Do Not Track” signal, that website usually will not be able to control other websites.

We may use or disclose the personal information identified above for one or more of the following business purposes (“Business Purpose”), as further described in Sections 2 (Information Use) and 3 (Information Disclosure):

• To fulfill or meet the reason you provided the information (e.g., to help provide products and services to you).
• To personalize and develop the Service and the services we provide you through the Service and improve our offerings.
• To provide certain features or functionalities of the Service.
• For marketing and promotions.
• To provide you with support, to communicate with you and respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To help maintain the safety, security, and integrity of the Service, the Site, our services, databases, other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve the Service.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To prevent illegal activity, fraud, and abuse.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred or liquidated.

2. INFORMATION USE

(a) General. We will use your personally identifiable information to operate, manage, and administer your account and the Service; to provide you with support; to communicate with you; to monitor Service usage; to improve the Service or develop and test new products, services, websites or applications; and personalize the Services and present you with advertising, content or features that we believe will be of interest or useful to you. We may also use personally identifiable information to resolve disputes; to detect and protect against errors, fraud, and illegal activity; to assist law enforcement; to enforce this Privacy Policy and the Terms of Service; or for any other purpose described in this Privacy Policy or described to you at the time of collection.

(b) Communications. We may use your personally identifiable information to respond to your inquiries or requests (including support requests). You may not opt out of Service-related emails which are not promotional in nature. We may also send you promotional emails to notify you about products or services that may be of interest to you. If you would like to stop receiving promotional messages from us or third parties, please click on the opt out link in any non-Service-related email you receive. Even if you opt out, you will continue to receive Service-related communications from us. You can opt into or out of Twilio short message service (SMS). You may find out more about how Twilio provides services by accessing the privacy policy for Twilio (see https://www.twilio.com/legal/privacy).

(c) Use of Non-Personally Identifiable and Aggregate Information. We may use non-personally identifiable information and aggregate information for any lawful purpose, including, but not limited to, analyzing trends, managing and administering the Service, tracking users’ movements, to create new products or services or to improve our business and the Service. In addition, we may share aggregate statistical information with our business partners. We may also combine your non-personally identifiable information and aggregate information with other non-personally identifiable information and aggregate information collected from other sources. We will take reasonable steps to ensure that aggregate information is never associated with you or your personally identifiable information.

(d) Information Retention. We may retain your information indefinitely, or as long as legally required or allowed, for our business needs and in order to deter fraud or abuse of the Service. We may dispose of any information in our discretion without notice, subject to applicable law. We do not undertake any retention obligations through this statement.

3. INFORMATION DISCLOSURE

3.1 Disclosures of Personal Information in the Last Twelve Months

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a Business Purpose:

• Category A: Identifiers.
• Category B: California Customer Records personal information categories.
• Category C: Protected classification characteristics under California or federal law.
• Category D: Commercial information.
• Category F: Internet or other similar network activity.

We disclosed users’ personal information for a business purpose to the following categories of third parties as further discussed in below:

• Service providers.
• Affiliated companies.
• Analytics providers.

SMS opt-in or phone numbers for the purpose of SMS are not being shared with any third party and affiliate company for marketing purposes.

3.2 Affiliated Entities and Service Providers

We may disclose your information, including personally identifiable information, to any affiliated entity or organization, agent, and/or service provider that provides support for the Service (such as Analytics Providers) to help us operate the Service, improve our business or the Service and to provide services to us. Use of information by affiliated entities and service providers will be subject to this Privacy Policy or an agreement at least as restrictive as this Privacy Policy. We will not share your personally identifiable information for marketing purposes or with other third parties for purposes unrelated to the Service without your explicit consent.

3.3 Business Partners

When MoxiWorks works with other businesses to offer products and services, we may share information, including personally identifiable information, with those business partners only as needed to provide those products and services and subject to this Privacy Policy or an agreement at least as restrictive as this Privacy Policy.

3.4 Legal Requirements

In some cases, we may disclose your information, including personally identifiable information: (i) as required by any applicable law, rule or regulation; (ii) if we believe disclosure is needed to protect our rights, property or safety; and (iii) to government regulators or law enforcement authorities in connection with any judicial proceeding, court order, subpoena or legal process served on us or the Service; and (iv) to respond to a physical threat to you or another person.

3.5 Insolvency and Business Transitions

If we should ever file for bankruptcy or engage in a business transition such as an acquisition by or merger with another company, or if we sell or reorganize all or part of our business or assets, we may disclose your information, including, but not limited to, personally identifiable information, to prospective or actual purchasers or transaction participants in connection with these transactions.

3.6 Disclaimer

We cannot ensure that all of your personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. For example, a third party may unlawfully intercept or access transmissions or private communications, or other users of the Service may abuse or misuse your personally identifiable information. No transmission of data over the internet can be 100% secure.

4. INFORMATION SECURITY MEASURES

We exercise care in facilitating the transmission of information between your device or computer and the third party servers that operate and store information for the Service. The personally identifiable information we collect is stored in operating environments that are not available to the public. While we have mechanisms in place to safeguard your personally identifiable information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

5. CHILDREN’S PRIVACY

(a) The Service Is Not for or Directed Towards Children. The Service is not intended for anyone under the age of 18. We do not intend to and will not knowingly collect any personally identifiable information from children under the age of 13. Children under the age of 13 are prohibited from using the Service. If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers. If you believe information from a child under the age of 13 has been provided to the Service, please notify us at: privacy@moxiworks.com.

(b) California Minors. While the Service is not intended for anyone under the age of 18, if you are a California resident under age 18 and you believe your information has become publicly-available through the Service and you are unable to remove it, you may request removal by contacting us at: privacy@moxiworks.com. When requesting removal, you must be specific about the information you want removed and provide us with specific information, so that we can find it.

6. YOUR CALIFORNIA PRIVACY RIGHTS

6.1 California Consumer Privacy Act (CCPA)

If you are a California resident, we process your personal information in accordance with the California Consumer Privacy Act (CCPA).

Sale of personal information. MoxiWorks does not sell your personal information. Because of this we do not offer an option to opt-out of the sale of personal information.

Your rights. Under the CCPA, you have the right to request that (i) we disclose what personal information about you has been collected, used, disclosed, and sold, and (ii) we delete your personal information. You or an authorized agent acting on your behalf may submit a request for either a disclosure (i) or a deletion (ii). Authorized agents or delegates should provide the MoxiWorks support team with the name of the requestor who they are acting on behalf of, their brokerage name, and their MLS ID in order to authenticate the requestors information.

Exercising your rights. You can exercise your rights and submit CCPA disclosure or deletion requests by (i) submitting a web form at https://moxiprivacy.zendesk.com/hc/en-us/requests/new or by (ii) contacting support through our dedicated toll-free line at (888) 447-0733. Exercising these CCPA rights will not result in discriminatory treatment from MoxiWorks, such as degrading your service quality or charging a higher fee for our products and services. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make such a request for access or data portability twice within a twelve-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically. Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

6.2 CALIFORNIA SHINE THE LIGHT LAW

California Civil Code Section 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed personally identifiable information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail with “California Privacy Rights” in the subject line to privacy@moxiworks.com.

7. CANADIAN RESIDENTS

The Services and our privacy practices are compliant with the fair information principles of The Personal Information Protection and Electronic Documents Act (“PIPEDA”). In addition to the disclosures made above, we:

• Have appointed a privacy officer to monitor our compliance with PIPEDA.
• Only collect personal information for the uses described in this Privacy Policy.
• Only use and disclose personal information as described in this Privacy Policy.
• Take reasonable steps to verify the accuracy of the personal information we collect.
• Take appropriate safeguards to protect the personal information, as further described in this Section 4.

If you are a Canada resident, you have the right to request access to the existence, use and disclosure of your personal information. Additionally, you have the right to challenge the accuracy and completeness of the information and request to have it amended as appropriate. Finally, you have the right to challenge MoxiWorks’s compliance with the PIPEDA fair information principles by contacting our privacy officer. To exercise your rights under this section, please send an e-mail to privacy@moxiworks.com or write us at:

MoxiWorks, LLC
1000 Second Avenue, Suite 1300
Seattle, WA 98104.

8. NON-U.S. AND NON-CANADIAN RESIDENTS – CONSENT TO SUBMIT INFORMATION

The Service is not intended for use outside the United States or Canada, or by non-U.S. or non-Canadian residents. If you provide personally identifiable information to us, it may be transferred to and processed on computers in the United States and other countries, including countries outside the European Economic Area. Do not provide personally identifiable information to us if you do not want or consent to this information being transferred to the United States or to other countries, which may not have privacy (data protection) legislation or regulation comparable to the law of the country in which you reside. Your provision of personally identifiable information to us will be handled in accordance with this Privacy Policy. Your provision of personally identifiable information to us through the Service means that you agree to the terms of this Privacy Policy.

9. ADDITIONAL RIGHTS FOR EEA AND CERTAIN OTHER TERRITORIES

If you are from certain territories (such as the European Economic Area (EEA)), you may have the right to exercise additional rights available to you under applicable laws, including:

• Right of erasure: In certain circumstances, you may have a broader right to erasure of personal information that we hold about you – for example, if it is no longer necessary in relation to the purposes for which it was originally collected. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
• Right to object to processing: You may have the right to request that MoxiWorks stop processing your personal information and/or to stop sending you marketing communications.
• Right to restrict processing: You may have the right to request that we restrict processing of your personal information in certain circumstances (for example, where you believe that the personal information we hold about you is inaccurate or unlawfully held).
• Right to data portability: In certain circumstances, you may have the right to be provided with your personal information in a structured, machine readable and commonly used format and to request that we transfer the personal information to another data controller without hindrance.

If you would like to exercise such rights, please contact us at the contact details in the Site section “Contacting MoxiWorks.” We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request. You also have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

10. LINKED SITES

The Service or users of the Service may provide links to other websites or resources (“Linked Sites”). You acknowledge and agree that MoxiWorks does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through Linked Sites. Linked Sites are subject to different terms of use and privacy policies, which you should review.

11. CHANGES TO THIS POLICY

We reserve the right to change this Privacy Policy at any time upon notice to you. We may give notice by making the updated Privacy Policy available in the Service or by any other reasonable means. You can access and review the most current version of this Privacy Policy at any time at https://moxiworks.com/privacy-policy. The updated Privacy Policy is binding on you as of the next date that you use the Service after the date of updated Privacy Policy. If you do not agree to the updated Privacy Policy, you must stop using the Service. Your continued use of the Service after the effective date posted at the top of this Privacy Policy will constitute your acceptance of the updated Privacy Policy.

12. ACCESSING OR UPDATING YOUR INFORMATION

MoxiWorks provides you with the opportunity to know about the information that MoxiWorks holds about you, together with the ability to correct, amend or delete, as appropriate, any such information that is incomplete or inaccurate. Should you wish to exercise any of these options or should you have any questions or concerns about information that MoxiWorks has collected in relation to you, please feel free to contact us by emailing privacy@moxiworks.com. We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. If your account is terminated for any reason, your information will no longer be accessible through your account or associated with your account. However, activity that occurred prior to deletion may still continue to be stored on our systems or the systems of our service providers indefinitely.

13. ENFORCEMENT

If for any reason you believe that MoxiWorks has not adhered to these privacy principles, please notify us by e-mail at privacy@moxiworks.com, and we will endeavor to review and correct the problem promptly. Please use the words “Privacy Policy” in the subject line. This Privacy Policy shall be governed by the laws of the state of Washington, without regard to any authority regarding choice of laws, and venue for any actions arising from or related to this Privacy Policy of the Site shall be exclusively in the state or federal courts located in Seattle, King County, state of Washington, USA.

14. PRIVACY QUESTIONS

If you have any questions about this Privacy Policy, please contact us at: privacy@moxiworks.com.