TERMS OF USE

Last Updated: November 03, 2022

TapText, LLC d/b/a Whisp.io (hereinafter referred to as “Company”) created this Terms of Use (“Terms”) to explain how Whisp.IO interacts on the internet, and to give you (“Member”) assurance of our commitment to fair information practices and to the protection of your privacy as you visit and use the Whisp.IO website (the “Website”).

We understand that you value your privacy and the right to control how your personal information is collected and used. Our data collection and retention practices are designed to provide transparency, accountability and choice regarding the management and use of your personal information. We also provide you with contact information should you wish to remove your personal information from our databases.

The Website is intended for users who are located in the United States of America and the Privacy Policy shall be interpreted under the laws of the United States. By registering on the Website, you explicitly accept, without limitation or qualification, the collection, use, and transfer of your information in the manner described in this Privacy Policy. Please Privacy Policy carefully as it affects your rights and liabilities under the law.

If you do not agree to our practices and/or our terms of use, please do not interact in any manner whatsoever with or provide any personally identifiable information on the Website. Please contact us if you have any questions or comments about our privacy practices or these Terms of Use. You can reach us via postal mail at the following address:

TapText, LLC

1101 Brickell Ave, South Tower, 8th Floor

Miami, Florida 33131

THIS WEBSITE IS NOT INTENDED FOR ANYONE UNDER THE AGE OF EIGHTEEN (18) OR PERSONS RESIDING OUTSIDE OF THE UNITED STATES. BY USING THE WEBSITE, YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.

  1. COMPLIANCE WITH LAWS

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Any use of Prohibited content as defined herein is at Whisp.IO sole discretion for termination of service and/or subscription. Prohibited Content as defined is not eligible for any pro-rata refunds of unexpired or unused subscription time. Prohibited Content may include, without limitation: Material that suggest or depict, obscene, vulgar, indecent, lewd or suggestive behavior. Materials that suggest or encourage the commission of a crime or provoke violence or degrades any person/group based on religion, sex, color, age, marital status, sexual orientation, disability or political affiliation.

  1. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Whisp.IO designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

  1. DISCLAIMER OF WARRANTIES

The site is provided by Whisp.IO on an ‘as is’ and on an ‘as available’ basis. To the fullest extent permitted by applicable law, Whisp.IO makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Whisp.IO shall have no liability for any interruptions in the use of this Website. Whisp.IO disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

  1. INFORMATION WE COLLECT

Company collects information about you by and through your access to and use of this Website and through your use of our lead services (the “Services”). The information that we collect during inquiry, registration and website page visits, includes personally identifiable information (“PII”). PII is unique data of an individual used for identification and communication purposes. Any use of our Services is entirely voluntary and you are not required to provide PII unless you choose to use our service. However, you will not be able to access or use our service where PII is required. PII that may be collected includes information such as your first name, last name, date of birth, telephone number, credit and/or debit card number and expiration date(s), mailing and home address, zip code, or email address (collectively referred to herein as “PII”). We may also collect certain non-personally identifiable information (“NPII”) about you when you visit many of the pages of this Website. NPII is data used in the aggregate to analyze trends, administer the Website, track movement and understand visitor behavior generally. The information collected by virtue of your access to and use of this Website may be collected irrespective of whether you submit information to register for our services. This NPII includes, without limitation, the type of browser that you use, your Internet Protocol (“IP”) address, the type of operating system that you use and/or the domain name of your Internet service provider. An IP address Internet. We may share NPII with third parties, at our discretion.

  1. HOW YOUR PERSONALLY IDENTIFIABLE INFORMATION IS USED AND SHARED

We ask you for PII when you inquire about and/or register for our Services. We value your privacy and have taken the necessary precautions to be in compliance with relevant legislation, including, without limitation, the California Online Privacy Protection Act. Broadly speaking, the information collected by and through your access to and use of this Website will be used to fulfill your request and for solicitation purposes with respect to third party products, services, offers or promotions. Such collected information may also be used for other purposes for which you have given your consent, to prevent fraud, or as may otherwise be permitted by applicable law. To those ends, you expressly authorize the Company to share such collected information as set forth herein. We use the PII collected from you to facilitate your inquiry regarding and/or request for the purchase, acquisition and use of third party prospect data obtained via quote request forms, telephone calls, text messages and/or telephone call transfers (“Lead” or “Leads”) including, without limitation, mortgage Leads and consumer real estate leads. Company may share your PII with third parties who help us in the delivery of the services you have requested and to companies/individuals we employ to perform technical functions on our behalf. These companies and individuals may not share that information with any other third party or use that data for any other purpose. We may also use your PII to resolve disputes, troubleshoot technical problems, enforce our agreements with you and to enable Company and/or third parties to personalize your Internet experience By entering any of your personal contact information into any webpage created and or managed by Whisp.IO you hereby authorize Whisp.IO to release the information you provided to Whisp.IO members and or advertisers of Whisp.IO who are associated with the page where you provided the information. The members and or advertisers may include but are not limited to, Realtors, Mortgage Lenders, Title or Escrow Representatives, Insurance Agents, Home Warranty providers. The member and or advertiser may contact you regarding their services in relation to the page you entered your information on. You hereby authorize and give permission for a member or advertiser to contact you using the information you provided in the form of telephone calls, text messages or emails. For purposes of identification, marketing, billing and tracking, you must provide accurate, complete and current information when registering for or using any of the services provided by Whisp.IO. You also hereby certify you are not a minor.

  1. TARGETED ADVERTISING

Company may target advertising to you using direct mail, text messages or email and/or telemarketing calls. Company may match your PII to make and improve profiles of you, to track your online browsing habits over time and across different websites on the Internet, to show you targeted advertising for products and/or services and/or to determine which areas of the Internet are most frequently visited. By visiting and/or supplying your PII during the inquiry and/or enrollment process, you also agree to allow us to provide aggregated anonymous data about you to third parties so that they can understand the kinds of visitors to the Website and in order to offer you products and services. This includes demographic information and behavioral information. YOU MAY OPT-OUT OF RECEIVING ANY COMMUNICATIONS FROM US BY CHOOSING NOT TO SUBMIT YOUR PERSONAL INFORMATION. IF YOU REMOVE YOUR INFORMATION FROM OUR DATABASE IT WILL NO LONGER BE USED FOR SECONDARY PURPOSES OR TO SEND PROMOTIONAL COMMUNICATIONS.

  1. LIMITATION OF LIABILITY

WHISP.IO SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Whisp.IO SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Whisp.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

  1. EMAIL AND TELEMARKETING

By inquiring about and/or registering for our Services and as set forth in the preceding, you expressly acknowledge that Company may target advertising to you using, without limitation, email, text and telemarketing calls. If you provide your express consent to receive telemarketing calls, Company may use your PII (including any information which may reasonably be derived therefrom) to advertise, directly or indirectly, using the telephone number provided, including your mobile telephone number, in order to facilitate your request for the purchase, acquisition and use of Leads and/or regarding other products and/or services which you may be interested in (notwithstanding that your number(s) may be listed on a corporate, state, or federal Do-Not-Contact registry, suppression list, or the like). By inquiring about and/or registering on our Website and using our Services, you agree that such registration and request constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the “ATSR”). Notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, you have authorized us to contact you via telemarketing in accordance with the ATSR. Should you expressly authorize telephone solicitation, please note that, depending upon your individual carrier and plan; message and data rates may apply to any/all telemarketing campaigns. For any/all telemarketing campaigns, you expressly agree that you are solely responsible for and authorized to incur any such charges, that you are eighteen (18) years of age or older and that you are authorized to use the mobile device. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies.

  1. COOKIES, WEB BEACONS AND ONLINE BEHAVIORAL TECHNOLOGIES

The Website, Services and email messages may contain first-party (Company-related) cookies, web beacons, pixel tags, browser analysis tools and web server logs that enable Company to track your online behavior, collect information regarding your operating system and browser type, record what webpage or email you viewed, track the IP address of the device you use to interact with the applicable online service, record when you open or click on a particular online advertisement link or webpage, and additionally for other information gathering purposes such as the language your system uses and the country and time zone of your device. A cookie is a small file uniquely assigned to you by a webpage server when you visit a webpage or click on a link and can assist in associating your information to a unique profile. Cookies are stored in web server logs and also in web cookies kept on your computer, which are then transmitted back to us. They store information about your account, preferences, your use of the Website and Services, and your online browsing habits. They allow us to recognize you when you return, and track and target your interests in order to provide a customized experience. They also assist with the provision of a customized browsing experience and with the detection of certain kinds of fraud. Some cookies are temporary, whereas others may be configured to last longer. “Session” cookies are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases session cookies once you exit your browser. “Persistent” cookies are more permanent cookies that are stored on your computer even beyond when you exit your browser. Your browser preferences can be modified to accept or reject all cookies, or request a notification when a cookie is set. As set forth herein, Company may collect many different types of information from cookies and other technologies, including, without limitation, what website you were visiting before you came to the Website, the website you visit after you leave the Website, and other activities or yours over time and across third-party websites and online services.

  1. MANAGING YOUR PRIVACY

We believe that you benefit from a more personalized experience when we know more about you and what you like. However, you can limit the information you provide to us and thereby limit the communications that we send to you. To prevent first party online tracking from cookies, web beacons and other technologies on a webpage or within an email message, do not visit the Website or use the Services, utilize a changing IP address and do not click on or interact with any advertisements or links. To prevent online tracking from cookies, web beacons and other technologies within an email message, unsubscribe from the email list using the unsubscribe link provided.

  1. SECURITY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

To prevent unauthorized access, maintain data accuracy and ensure the correct use of information we gather online, Company stores your PII in a database on secure systems. We have put in place appropriate physical, electronic and managerial security procedures to protect against the loss, misuse and alteration of the information under our control. Access to this information is strictly limited, and not accessible to the public. Only employees who need the information to perform a specific job are granted access to PII. Our employees are dedicated to ensuring the security and privacy of all user information, to the extent reasonably possible. Employees who do not adhere to our firm policies are subject to disciplinary action. But notwithstanding such measures, Company cannot guarantee that its security measures will prevent Company computers from being illegally accessed, and the data on them stolen or altered, and Company assumes no responsibility for such actions. You may request that your information be modified or deleted as detailed below. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your PII.

  1. NO INFORMATION COLLECTED FROM CHILDREN

We will never knowingly collect any PII about children under the age of eighteen (18) years old. If we obtain actual knowledge that we have collected PII about a child under the age of eighteen (18) years old, that information will be immediately deleted from our database. Because we do not collect such information, we have no such information to use or to disclose to third-parties. Company has designed this policy in order to comply with the Children’s Privacy Protection Act (“COPPA”).

  1. LINKS TO OTHER WEBSITES AND THIRD-PARTY PRIVACY PRACTICES

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties sites. Company may provide links to other websites for your convenience and information, and encourages third parties to adopt and post privacy policies that govern the use of your PII. Such third party use is not subject to our control and we are not responsible for the content of linked websites, or any use of such websites. Whether linked or not, you expressly acknowledge that third party websites have their own privacy statements and personal information collection, use, and disclosure practices. We encourage you to familiarize yourself with the privacy statements provided by any/all third party websites prior to providing them with information or taking advantage of an offer or promotion.

  1. DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Whisp.IO makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Whisp.IO makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk. Whisp.IO makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

  1. SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS

As a business subject to California Civil Code div 1798.83, Company must disclose, upon request, the identity of third parties to whom Company has disclosed your PII within the previous calendar year, along with the categories of personal information disclosed, for the third parties” direct marketing purposes. If you are a California resident and would like to make such a request, you may communicate your desire to do so by contacting Whisp.IO directly.

  1. CHANGES TO THIS PRIVACY POLICY

Company reserves the right to change or remove portions of our Privacy Policy at any time without prior notification. Information will be used in accordance with the privacy policy under which the information was collected. Users will have a choice as to whether or not we use their information in this different manner. Please check the Website frequently to apprise yourself of any changes that may affect you. The posting of any changes will be the only notice that you will receive regarding any such amendments or changes.

  1. MODIFICATIONS AND INTERRUPTION TO SERVICE

Whisp.IO reserves the right to modify or discontinue the Service with or without notice to the Member. Whisp.IO shall not be liable to Member or any third party should Whisp.IO exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Whisp.IO does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  1. INDEMNIFICATION

Member agrees to indemnify and hold Whisp.IO, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of Members use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Members computer, of any intellectual property or any other right of any person or entity.

  1. GOVERNING JURISDICTION OF THE COURTS FLORIDA

Our website is operated and provided in the State of Florida. As such, we are subject to the laws of the State of Florida, and such laws will govern these Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Florida. Any activity on our network which violates any state or Federal Laws is in violation of our policy and will result in immediate termination of service. Any termination as defined herein is not eligible for any pro-rata refunds of unexpired or unused subscription time. You may not use Whisp.IO website to: Create or transmit obscene materials, intentionally spread computer viruses, access or attempt to access information not intended for your use or viewing, gain or attempt to gain unauthorized access to any network, including Whisp.IO internal structure, transmit stolen or pirated software. You understand and agree that any attempt to break security, or to access any account which does not belong to you, shall be a breach of this agreement, and may result in suspension or termination of the service with no refund of any unused portion of your paid subscription. You also agree to notify Whisp.IO of any breach or attempted breach of security to your account. You also understand and agree Whisp.IO membership is for your sole personal use and shall not be used by more than one individual person.

  1. NO KICKBACKS OR REFERRAL FEES

Whisp.IO recommends strict compliance to any applicable RESPA rules and regulations: Including, but not limited to: No kickback’s or referral fees. No person shall give and no person shall accept any fee, kickback or other thing of value pursuant to any agreement or understanding, oral or otherwise, that business incident to or part of a settlement service involving a federally related mortgage loan shall be referred to any person. Any referral of a settlement service is not a compensable service, except as set forth in § 1024.14(g)(1). A company may not pay any other company or the employees of any other company for the referral of a settlement service business.

THESE TERMS OF USE ARE EFFECTIVE FOR ALL ORDERS ENTERED INTO ON OR AFTER November 3, 2022.

2022 Taptext, LLC. All Rights Reserved.