Fairdale Realty Privacy Policy

Last Updated: As of December 1, 2025

Privacy Policy Overview

Welcome to Fairdale Realty! We are providing you notice of our privacy practices through this Privacy Policy (“Policy”) which applies to our websites which post a link to this Policy, including but not limited to https://fairdalerealty.com/ and its related sites and mobile software applications (collectively, our “Sites”), emails we send/receive, our customer service tools, such as chat features on our Sites and when you call us, and our other data practices set forth below (collectively, our “Services”). This Policy is designed to familiarize you with the services of Fairdale Realty (“Fairdale”), our subsidiaries, and affiliates (collectively, “us”, “we”, “our”, or “Fairdale Realty”).

References on the Sites to “Fairdale Realty,” “we,” or “us” should be understood as references to Fairdale Realty and/or its applicable affiliates, as the context requires.

Certain visitors have specified privacy rights detailed in our State Privacy Notice. To the extent that there is a conflict between this Policy and the State Privacy Notice, the State Privacy Notice will control. This Policy does not apply to our human resources data practices.

This Policy describes the types of information we may collect from you or that you may provide when you visit our Sites and/or use our Services and our practices for collecting, using, maintaining, protecting, and disclosing that information. Our Sites may include third-party content and services that we do not control, and this Policy does not govern the data collection or practices of third parties. Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. By visiting, accessing, or using our Sites, or otherwise interacting with us including using our Services or other electronic means, you consent to this Policy and that we may use your Personal Data as described herein and you agree to our Terms of Use. If you do not consent to this Policy or agree to our Terms of Use, please discontinue use of our Sites and our Services. This Policy may change from time to time. Your continued use of our Sites and our Services after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

We have affiliated businesses (“Fairdale Affiliates”) that may offer or provide services in connection with your home purchase or ownership, including, among others, Gazette Mortgage (mortgage lending), Academy Property Management, and Almanac Insurance (insurance). Use of any affiliated business is optional; you are free to shop for services from unaffiliated providers. Where required by law, you will receive Affiliated Business Arrangement disclosures. Note that some Fairdale Affiliates may maintain a separate website and display a separate Privacy Policy. The privacy policy displayed on the website of a Fairdale Affiliate supersedes this Privacy Policy for purposes of that Fairdale Affiliate.

Information We Collect About You and How We Collect It

In this Policy, “Personal Data” means any information by which you can be identified or contacted, such as your name (first and last), home, billing or other physical address, email address, telephone number, billing information, etc., as well as any information associated with the foregoing. More detailed information about the Personal Data we collect can be found in the data tables in our State Privacy Notice.

User-Provided Information: You may be required to provide Personal Data to access or use certain parts of our Sites, or features of our Sites, or our Services, including without limitation, when you express an interest in or request updates about a property, visit an office and complete a registration form, interact with a sales representative from Fairdale Realty, use a chat function on our Sites or public posting forum, call Fairdale Realty, subscribe to a newsletter or email list, fill out a form, participate in any of our programs, special events or promotions such as contests, sweepstakes or surveys, or contact us with a comment, testimonial, question or complaint. We collect information submitted in connection with the purchase and sale contract when making a home purchase. Depending upon the nature of the transaction, the Personal Data collected may include your first and last name, billing, mailing, physical or shipping address, telephone number, email address, physical characteristics or description, IP address, phone number, driver’s license number, social media account ID, marital status, purchase and rental history, purchase information, home purchase motivators, household income, lien records, online activities, or other demographic information.

Here are some examples of ways we gather information directly from you:

• Complete Guest Information at a Fairdale Realty office with an agent.
• Make a purchase or transaction in our sales offices.
• Sign up to receive promotional emails or text messages (including offers and sales alerts).
• Participate in one of our promotional sweepstakes, contests, surveys, consumer reviews or focus groups.
• Use a service provider rating and review feature.
• Submit a warranty request to our Customer Service team.
• Interact with Fairdale Realty social media pages.
• Are referred to us by another customer.

Emails and Social Media Sites: If you correspond with us by email, mail or via social media, we may retain the content of your communication or social media posting, the email or social media account address from which it is sent, and our response. Content and other information in or related to emails sent by you to Fairdale Realty or postings on any of Fairdale Realty’s social media platforms, such as Facebook, Instagram and Twitter may be used as testimonials or for other marketing purposes in accordance with our Terms of Use.

Third Parties: We may also collect Personal Data about you from other third parties who initially collected such data, such as demographic firms, social media sites, marketing companies, advertising networks, companies that provide information to supplement what we already know about you, including data brokers, data aggregators, analytics providers, your real estate broker, or developers. We use this Personal Data to make our services and marketing efforts more efficient and personalized for you.

In other Ways: We collect information when you:

• Enable location-based features on our Services or otherwise disclose data through your devices.
• Click on sponsored links or third-party advertisements.
• Visit our offices; we may use cameras and doorbell cameras in and around our locations for operational purposes.
• Receive or interact with our communications and Services that may contain cookies, pixels, or other Tracking Technologies.

By Combining Information: We may:

• Combine information that we collect in our locations with information we collect through our Services.
• Combine information we collect about you across the different devices you use to access our Services.
• Combine information we get from third parties with information we already have about you.

Data Collected Automatically: Whether or not you submit Personal Data, any time you visit our Sites or use our Services, we or our service providers may automatically collect, store or accumulate certain Device Information and Usage Data. “Device Information” is information relating to the computer or device you are using when you access our Services, such as your computer’s IP address, your mobile device identifiers, the type of browser and operating system you are using, and your device and browser settings. “Usage Data” is data related to your use of the Services such as the pages you visit. Information, such as Device Information and Usage Data, may be collected through tracking technologies (“Tracking Technologies”) such as Cookies, Google Analytics, Log File Information, Clear Gifs/Web Beacons, Mobile Analytics, and Location Identifying Technologies.

How We Use Your Information

We may use information that we collect about you or that you provide to us, including any Personal Data:

• To Provide Our Products and Services. This could include fulfilling your requests for home purchases, home related services, or other services, including to process customer care as well as build long-term customer relationships by communicating and working closely throughout the contracting, planning, financing, and completion of a transaction.
• To Improve Our Products and Services. We may use your information to make our digital platforms and services better.
• To Understand Your Interests. For example, we may use your information by analyzing visits to our Sites to better understand what home options and services may interest you.
• To Respond to Your Requests or Questions.
• To Communicate with You. We may communicate with you about your home purchase or specific properties or other offerings about which you have requested updates or our relationship.
• For Security Purposes. This could include protecting our company and our customers.
• For Marketing Purposes. We may provide you with information about new listings and special offers. We may use your information to serve you ads or newsletters. These might be third-party offers or products we think you might find interesting including home-related information, offers, periodic updates, advertising, homebuyer surveys, information on solar systems, telecommunications, alarms, smart home devices, and other information we believe will be of interest to our customers.
• For Other Purposes, including: To prevent, detect or investigate any fraudulent, abusive or illegal act; in any other way we may describe when you provide the information; and when necessary, aggregate and de-identified data where it is no longer reasonably associated with an identified or identifiable natural person.

We also use your Personal Data for our everyday business purposes such as security, analytics, optimization, operations, fraud detection and prevention, reporting, making back-ups and legal compliance, where permitted by law.

User Content: Any Personal Data or content you voluntarily post, publish or otherwise disclose for posting to our Sites or any related social media sites (referred to herein as “User Content”) may become available to the public.

How We Disclose Your Information

Personal Data: In certain circumstances, we may disclose your Personal Data to as described below.

• Third-Party Service Providers. We contract with companies that provide administrative and support services to us such as webhosting, web analytics, marketing, and other communications.
• Parties Related to your Transaction or Potential Transaction. We may also disclose your Personal Data to other third party companies to help facilitate your transaction with us or assist you before, during or after a purchase. For example, we may disclose your Personal Data to lenders or other financial service providers. We may share your personal information with Fairdale Affiliates that offer home mortgage, title, insurance and other products that may be of interest to you (e.g., Gazette Mortgage, Almanac Insurance, Academy Property Management). The shared information may include your contact information, public real estate and lien records, and information necessary to close a home transaction. The Fairdale Affiliates may use your information for their business and commercial purposes. Please note, however, that SMS (or text message) consents are not applicable to, or shared with, Fairdale Affiliates or Business Partners.
• Compliance with Law and Fraud Protection. We may, and you authorize us to, use and disclose any information we deem necessary to comply with any applicable law, regulation, governmental request or legal process.
• Business Transfer or Sale. As we develop our business, we may buy or sell assets or business offerings. User, email, and visitor information is generally one of the transferred business assets in these types of transactions.

Non-Personal Data: We may disclose or transfer Device Information and Usage Data in aggregated, anonymized form to our affiliates, licensees, partners and service providers.

How We Protect Your Information

The security of your Personal Data is important to us and Fairdale Realty uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Data consistent with industry standards. Please remember, however, that no method of transmission over the Internet or method of electronic storage is 100% secure.

Targeted Advertising

We may engage certain third party ad networks to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may utilize cookies to collect Device Information and Usage Data. You may choose whether to receive some interest-based advertising by submitting opt-outs. Some of these companies may be members of the Network Advertising Initiative (“NAI”) or Digital Advertising Alliance (“DAA”).

Notification Procedures

It is our policy to provide notifications to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Site pages.

Your Choices, Opting-Out and Reviewing or Making Changes to Your Information

Email: If you do not want to receive such email marketing communications, do not opt in. Alternatively, if you initially decide to receive communications from us but at a later date wish to remove your information from our database, you can do so by using the unsubscribe link at the bottom of our email marketing communications.

Text Messages: Our Services may include sending you Short Message Service (“SMS”) messages. Message frequency may vary. You may remove your information by replying “STOP” to the SMS text message you received. Text messaging originator opt-in data will not be shared with third parties. For specific details regarding our SMS policies, please visit: https://fairdalerealty.com/privacy-policy-SMS/

Postal Mail: You may also request to be removed from postal marketing lists by sending your request, including full name and mailing address, to the address listed below under “Contact Us.”

Children’s Privacy

Our Sites and Services are not intended for nor directed toward children under 13 years of age. We do not knowingly collect personal information from children under 13. If you believe that we might have any information from or about a child under 13, please contact us.

International Access

Fairdale Realty products, services and offers are designed for U.S. audiences. If you are accessing our Sites from outside the U.S., please be aware that information collected may be transferred to, processed, and stored in the U.S.

Contact Us

If you have any questions about this Privacy Policy, the practices of our Sites, or your dealings with our Sites, you may contact us using one of the following methods:

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SMS Terms of Use

FAIRDALE REALTY TEXT MESSAGING TERMS OF USE

By “Opting In” to or using a “Text Message Service” (as defined below) from Fairdale Realty (“Fairdale Realty”), you accept these Terms & Conditions. THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

This agreement is between you and Fairdale Realty or one of our affiliates. Fairdale Realty is a real estate brokerage affiliated with Gazette Mortgage, Almanac Insurance, and Academy Property Management. All references to “Fairdale Realty,” “we,” “our,” or “us” refer to Fairdale Realty, 1855 Barker Cypress Road #140, Houston, TX 77084.

DEFINITIONS

“Opting In,” “Opt In,” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.

“Text Message Service” includes any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).

FAIRDALE REALTY SMS OPT-IN METHODS

This section outlines the various methods for consenting to receiving SMS communications from Fairdale Realty. By opting in to receive messages, you agree to the terms described below.

• Text Message Keyword Opt-In: You may opt in to receive SMS messages from Fairdale Realty by texting a designated keyword to a number owned by Fairdale Realty. Messages may originate from any number assigned to a Fairdale Realty employee. By replying the keyword, START, you consent to receive informational and service-related messages. Message and data rates may apply. Message frequency may vary. Reply STOP to unsubscribe or HELP for assistance. Phone numbers will not be shared with third parties. See our SMS Privacy Policy at https://fairdalerealty.com/privacy-policy-SMS/ for more information.
• Verbal Consent Opt-In: Fairdale Realty may collect verbal consent to send SMS messages during phone calls or in-person interactions. By providing your phone number and verbally agreeing, you consent to receive messages from Fairdale Realty. Messages may originate from any number assigned to a Fairdale Realty employee. Message and data rates may apply. Message frequency may vary. Reply STOP to unsubscribe or HELP for assistance. Phone numbers will not be shared with third parties. See our SMS Privacy Policy at https://fairdalerealty.com/privacy-policy-SMS/ for more information.
• Web Sign-Up (Optional): In some cases, such as surveys or newsletter sign-ups, you may opt in to receive SMS messages by submitting a web form. By providing your phone number and submitting the form, you consent to receive messages from Fairdale Realty. Messages may originate from any number assigned to a Fairdale Realty employee. Message and data rates may apply. Message frequency may vary. Reply STOP to unsubscribe or HELP for assistance. Phone numbers will not be shared with third parties. See our SMS Privacy Policy at https://fairdalerealty.com/privacy-policy-SMS/ for more information.

CONSENTING TO TEXT MESSAGING

By consenting to receive text messages from us, you agree to these Text Messaging Terms of Use, as well as our Terms and Conditions for the Fairdale Realty website and Privacy Policy for the Fairdale Realty website (“Privacy Policy”), found at https://fairdalerealty.com/privacy-policy/, incorporated herein by reference.

E-SIGN DISCLOSURE

By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by replying STOP.

FAIRDALE REALTY TEXT MESSAGE SERVICE PRIVACY POLICY

We respect your privacy. We only use information you provide through this service to transmit your mobile messages and respond to you. This includes, but isn’t limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Nonetheless, we reserve the right always to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. This Text Message Service Privacy Policy applies to your use of the Text Message Service and isn’t intended to modify our general “Privacy Policy”, incorporated by reference above, which may govern the relationship between you and us in other contexts.

COSTS OF TEXT MESSAGES

We do not charge you for the messages you send and receive via this text message service. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.

FREQUENCY OF TEXT MESSAGES

This Text Messaging Service is for conversational person-to-person communication between you and our employees. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on how you use our services and whether you take steps to generate more text messages from us (such as by sending a HELP request).

OPTING OUT OF TEXT MESSAGES

If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. As a person-to-person communication service, opt-out requests apply only to the specific phone number from which you received the message. If you are communicating with multiple Fairdale Realty employees via different phone numbers, you will need to send a separate opt-out request for each conversation. After unsubscribing, we may send you confirmation of your opt-out via text message.

LIMITATION OF LIABILITY

To the fullest extent permissible pursuant to applicable law, Fairdale Realty is not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

CHOICE OF LAW

Except as otherwise provided herein, your use of this service under this Agreement is governed by the laws of the State of Texas.

CONTACT US

For support: (832) 559-0880 or victor@victorlofinmakin.com

BINDING ARBITRATION AND CLASS ACTION WAIVER

These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in the United States. These provisions may also apply to you if you are domiciled in and use the Fairdale Realty Text Messaging Service from outside the United States. See CHOICE OF LAW above and LOCATION below for details.

Initial Dispute Resolution: Fairdale Realty is available to address any concerns you may have regarding this Agreement at the Contact Us locations listed above. Most concerns are quickly resolved in a satisfactory manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties’ relationship with each other and/or your use of the Fairdale Realty Text Messaging Service shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules, but shall not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Fairdale Realty will pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Location: If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Harris County, TX, and you and Fairdale Realty agree to submit to the personal jurisdiction of any federal or state court in Harris County, TX, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND FAIRDALE REALTY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for Fairdale Realty Text Messaging Service under these Terms of Use. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the “Binding Arbitration”, “Location”, and “Class Action Waiver” paragraphs above by sending written notice of your decision to opt-out to the following address: Fairdale Realty, 1855 Barker Cypress Road #140, Houston, TX 77084, Attn: Legal. The notice must be sent within 30 days of the date on which you first access or use the Fairdale Realty Text Messaging Service and agree to these terms); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Fairdale Realty also will not be bound by them.

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U.S. State Privacy Notice

Effective Date: As of January 1, 2023
Last Updated: December 1, 2025

This State Privacy Notice (“Notice”) applies to “Consumers” as defined under applicable U.S. Privacy Laws, including the Texas Data Privacy and Security Act (TDPSA). This Notice is designed to meet our obligations under U.S. Privacy Laws and supplements the general privacy policies of Fairdale Realty and its subsidiaries and affiliates (“Company,” “Fairdale Realty,” “our,” “us,” or “we”) including, without limitation, our Website Privacy Policy found at https://fairdalerealty.com/privacy-policy/.

We have affiliated businesses (“Fairdale Affiliates”) that may offer or provide services in connection with your home purchase or ownership, including, among others, Gazette Mortgage (mortgage lending), Academy Property Management, and Almanac Insurance (insurance). Note that some Fairdale Affiliates may maintain a separate website and display a separate Privacy Notice. The privacy policy displayed on the website of a Fairdale Affiliate supersedes this Privacy Notice for purposes of that Fairdale Affiliate.

Notice of Data Practices

The description of our data practices in this Notice covers the twelve (12) months prior to the Effective Date and will be updated at least annually. Note that text messaging originator opt-in data is excluded from the sharing categories below and will not be shared with third parties for marketing purposes.

(a) PI Collection, Disclosure, and Retention – By Category of PI

We collect, disclose, and retain Personal Information (PI) as follows:

(b) PI Use and Disclosure – By Processing Purpose

We use and disclose PI for the processing purposes described below:

More Information on our Disclosure of Your PI

We do not sell our mailing or contact lists to unaffiliated third parties for cash consideration. However, we reserve the right to do so in the future and accordingly provide you an opportunity to opt-out. In addition, Fairdale Realty obtains your direction to disclose your email address and contact information to our selected service providers for home-related offers and other information we believe will be of interest to our customers, unless you indicated on a registration card or other material that you do not wish to be so contacted. From time to time, Fairdale Realty may decide that it is more efficient to use Vendors to perform specific services, such as performing surveys or publishing reviews. If we use a Vendor to provide specific services, then information (such as contact information) may be shared with that party to the extent necessary for the Vendor to provide these services.

Fairdale Realty may Sell or Share PI to Third-Party Digital Businesses, as disclosed in the first chart above. For information on how you may opt-out of such Selling or Sharing of your PI, see the Do Not Sell/Share/Target section below.

Your Consumer Rights and How to Exercise Them

As described more below, subject to meeting the requirements for a Verifiable Consumer Request (defined below) and limitations permitted by applicable laws, Company provides Consumers the privacy rights afforded to them in their state of residence, to the extent applicable. To submit a request to exercise your Consumer privacy rights, or to submit a request as an authorized agent, please contact us at (832) 559-0880. Our number is available from 8 am to 5 pm Central Time, Monday through Friday other than national holidays. If you submit your request by email to Info@fairdalerealty.com, your email must originate from the same email address that we have in our records.

• Right to Limit Sensitive PI Processing: We only Process Sensitive PI for purposes that are exempt from Consumer choice under U.S. Privacy Laws.
• Right to Know/Access: You are entitled to access PI up to twice in a 12-month period.
  • Categories: You may request categories of PI collected, sources, business purposes, third parties disclosed to, and categories of PI sold/shared.
  • Specific Pieces: You may request to confirm if we are Processing your PI and, if we are, to obtain a transportable copy.
• Right to Delete: Except to the extent we have a basis for retention under applicable law, you may request that we delete your PI.
• Correct Your PI: Consumers may bring inaccuracies they find in their PI that we maintain to our attention and we will act upon such a complaint as required by applicable law.
• Automated Decision Making/Profiling: We do not engage in Automated Decision Making or Profiling.

Do Not Sell / Share / Target

We may Sell or Share your PI and/or use your PI for Targeted Advertising, as these terms apply under U.S. Privacy Laws. However, we provide you an opportunity to opt-out. If you want to limit our Processing of your non-cookie PI (e.g., your email address) for Targeted Advertising, or opt-out of the Sale/Sharing of such data, please contact us.

We do not knowingly Sell or Share the PI of Consumers under 16, unless we receive affirmative authorization. If you think we may have unknowingly collected PI of a Consumer under 16 years old, please Contact Us.

Non-Discrimination/non-retaliation

We will not discriminate or retaliate against you in a manner prohibited by applicable U.S. Privacy Laws for your exercise of your Consumer privacy rights.

Notice of Financial Incentive Programs

We may offer discounts, rewards, giveaways, or other benefits (“Incentives”) from time-to-time to Consumers. We may use your PI and/or your friends’ PI to administer the Incentives to you and to market our products. However, we do not condition your receipt of Incentives on the non-exercise of your privacy rights.

Additional State Privacy Rights

Certain states (like Texas, California, Colorado, etc.) provide their residents with specific rights regarding their personal information. If you are a resident of one of these states, you may have the right to request access to, correction of, or deletion of your personal information, as well as the right to opt-out of the sale or sharing of your personal information. To exercise these rights, please contact us.

Contact Us

If you have any questions, comments, or concerns about our privacy practices, please contact us by e-mail at Info@fairdalerealty.com or victor@victorlofinmakin.com, or call us at (832) 559-0880.

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Terms & Conditions

TERMS OF USE

This web page represents a legal document and is the Terms of Use (Agreement) for our website, www.fairdalerealty.com (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

Our Services

Our Website offers the following services: Real estate brokerage services, property management, and related real estate information (Services).

Definitions

The terms “us” or “we” or “our” refers to Fairdale Realty the owner of this Website. A “Visitor” is someone that merely browses our Website. The term “User” is a collective identifier that refers to a Visitor or any other user of our Services.

All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Users or by us, are collectively known as our “Content”.

Acceptance of Agreement

This Agreement is between you and Fairdale Realty.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Fairdale Realty and supersedes all other agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Fairdale Realty.

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Fairdale Realty. Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

Digital Millennium Copyright Act Compliance

Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on our Website;
• Your address, telephone number, and email address;
• 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; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Eligibility

To use our Services, you must be at least (18) years of age or older. Any use of or access to our Website by anyone under such age is unauthorized, unlicensed and in violation of these Terms of Use. By using our Website and/or Service, you represent and warrant that you are (18) or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

Content Disclaimer

The opinions expressed on our Website are not necessarily the opinions of Fairdale Realty. Any Blog content provided by our bloggers are of the blogger’s opinion, and is not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.

The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.

We undertake no obligation to update any Content on our Website. We reserve the right to make alterations or deletions to the Content at any time without notice.

Errors, Corrections and Changes

We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable.

We may make changes to the features, functionality or content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website or Services.

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Fairdale Realty. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or Services.

Advertisers and Sponsors Disclaimer

Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY FAIRDALE REALTY AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Warranty Disclaimer

Fairdale Realty is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Users of our Website, or by Fairdale Realty. Although we provide rules for User conduct, we do not control and are not responsible for what Users post, transmit or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website or Services. Fairdale Realty is not responsible for the conduct, whether online or offline, of any user of our Website or Services.

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Fairdale Realty assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.

Fairdale Realty is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website or Services, including without limitation any software provide through our Website or Services.

Under no circumstances will Fairdale Realty be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.

FAIRDALE REALTY reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FAIRDALE REALTY, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. FAIRDALE REALTY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. FAIRDALE REALTY DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FAIRDALE REALTY. OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

Fairdale Realty, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website our Content, (e) the content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control.

IN NO EVENT WILL FAIRDALE REALTY AND ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF FAIRDALE REALTY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FAIRDALE REALTY LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

User Conduct

Users may post their own content to our Website through our Services (e.g., reviews or comments). Users understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over User Content and do not in any way guarantee the quality, accuracy or integrity of such content. Fairdale Realty is not responsible for the monitoring or filtering of any User content. Should any User Content be found illegal, Fairdale Realty will submit all necessary information to the proper authorities.

If any User Content is reported to Fairdale Realty as being offensive or inappropriate, we may ask the User to retract or otherwise modify the questionable content within 24 hours of being notified by Fairdale Realty. Should the User fail to meet such a request, Fairdale Realty has full authority to either restrict the User’s ability to post Content OR to immediately terminate the access of the User, without further notification.

Without limiting the foregoing, we have sole discretion to remove any User Content that violates this Agreement or is otherwise objectionable in our sole discretion.

Users are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Users shall respect copyright and trademark laws.

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Users who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a User, you agree not to use our Services to do any of the following:

• 1) Upload, post or otherwise transmit any User Content that:
  • Violates any local, state, federal, or international laws.
  • Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
  • Links directly or indirectly to any materials to which you do not have a right to link.
  • Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services.
  • Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  • You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
  • In the sole judgment of Fairdale Realty, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Fairdale Realty, our affiliates, or our Users to any harm or liability of any type.
• 2) Use our Content to:
  • Develop a competing website.
  • Create compilations or derivative works as defined under United States copyright laws.
  • Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
• 3) Decompile, disassemble or reverse engineer our Website, Services, and any related software.
• 4) Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy

Our Privacy Policy is considered part of this Agreement.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.

Links to Other Websites

Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. Fairdale Realty has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in Houston, TX, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Houston, TX necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

General Terms

This Agreement shall be treated as though it were executed and performed in Houston, TX and shall be governed by and construed in accordance with the laws of the State of TX without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.