• PRIVACY POLICY & TERMS OF USE 

Thank you for visiting our Website. This Privacy Policy & Terms of Use (“Privacy & Use Policies”) are entered into by and between You and Sparks Real Estate, LLC, a Texas limited liability company (”Closing SParks” “Our” “We,” or “Us”). The following terms and conditions govern Your access to and use of closingsparks.com (Our, this, or the “Website”), including any content, functionality, and services offered on or through Our Website.

Please read these Privacy & Use Policies carefully before You start to use the Website. By using the Website, You accept and agree to be bound and abide by these privacy policies and the terms of use and conditions contained herein. If You do not want to agree to this, You must not access or use Our Website. Our Website contains contractual obligations for transaction coordinator services and is not intended for children under 16 years of age. Please be aware that no security measures are perfect or impenetrable, if You have any specific concerns with the information You are submitting via Our Website please contact Us directly.

Updating: These Privacy & Use Policies may be updated from time to time in Closing Sparks sole discretion. All changes and/or updates are effective immediately. Your continued use of this Website after We make changes is deemed to be acceptance of those changes. It is Our policy to notify You that these Privacy & Use Policies have been updated by indicating the date of the last update on this webpage. As such, the date these Privacy & Use Policies was last revised is identified at the top of the page. You are responsible for periodically visiting these Privacy & Use Policies to check for any changes. Please note, Closing SParks may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and Closing Sparks is under no obligation to update such material.

Accessing the Website in General: We reserve the right to withdraw or amend this Website, and any service or material We provide on the Website, in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for both:

  • Making all arrangements necessary for You to have access to the Website.

  • Ensuring that all persons who access the Website through Your internet connection are aware of these Privacy & Use Policies and comply with them.

To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by Our privacy policies contained herein, and You consent to all actions We take with respect to Your information consistent those policies.

Privacy Policy: This policy describes the types of information We may collect from You or that You may provide when You visit Our Website and Our general practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information We collect on or via this Website, as well as via email, text, and other electronic messages between You and this Website.
Please note, this privacy policy does not apply to information collected by Us offline or through any other means, including on any other website operated by Closing Sparks or any third-party (including Our affiliates and subsidiaries) or any third-party (including Our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website. This privacy policy does cover information collected by Us via third-party licensed and/or approved form services, whereby We retain responsibility for the information, data, and/or content We receive or collect from the information You provide via those third-party licensed and/or approved form services.

We collect several types of information from and about users of Our Website, including information by which You (and/or third-parties of which You submit information on) may be personally identified, such as name, postal address, e-mail address, telephone number (”personal information”) and/or potentially about Your internet connection, the equipment You use to access Our Website, and usage details. In addition, We collect information connected to the services We provide (“service information”) that may, or may not, overlap with personal information. You confirm that You have the rights and authority to disclose any third-party information You submit through Our Website and indemnify Closing SParks with regards to those disclosures pursuant to the indemnification clause contained in these Privacy & Use Policies. If you do not have permission to disclose third-party information and/or are unsure if you have the right to disclose third-party information, do not submit said information.   Do not submit any confidential, proprietary, or service or personal information to Us that You do not want to be utilized per these Privacy & Use Policies, Our services, or any other of our policies.

Service information includes:

  • Personal information of third-parties relating to closing real estate transactions, including buyer and seller personal information, broker personal information, licensed supervisor’s personal information, lender’s personal information, loan officer’s personal information, title company’s personal information, escrow officer’s personal information, warranty company’s personal information, insurance agent’s personal information, inspector’s personal information, and/or additional tradesperson’s personal information.
  • Contractual obligations of You and/or third-parties, such as execution/binding/effective dates of real estate transactions and/or manner of financing,
  • Property information of third-parties, including address, year of construction, property type, features of the property, access to property, utilities, liens, mortgages, surveys, and/or occupancy.
  • Personal details of third-parties, including, but not limited to, marital status, travel status, and/or job status.
  • Your and/or third-parties’ contractual information such as commission rates, referral statuses, progression of real estate transactions (earnest money, inspection status, disclosure status, survey status)
  • Electronic copies of Your and/or third-parties’ real estate transaction contracts and ancillary documents.
  • Information relating to broker’s platforms, usernames, passwords,
  • Information relating to Your services and memberships.
  • Your and/or third-parties’ promotional material.
 

We collect this information either directly from You when You provide it to Us and/or automatically through Your access of Our Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies.

The information We collect on or through Our Website may include:

  • Information that You provide by filling in forms on Our Website, either by requesting a quote of Our services or requesting to be contacted.
  • We may also ask You for information when You report a problem with Our Website.
  • Records and copies of Your correspondence (including email addresses), if You contact Us.
  • Details of transactions You carry out through Our Website and of the fulfillment of Your orders. You may be required to provide financial information before placing an order through Our Website.

 

As You utilize, access, and/or interact with Our Website, We and/or Our Website service provider may use automatic data collection technologies to collect certain information about Your equipment, browsing actions, and patterns, including details of Your visits to Our Website, including and other communication data and the resources that You access and use on the Website, as well as information about Your computer and internet connection, including Your IP address, operating system, and browser type.


The information We collect automatically may include personal information or We may maintain it or associate it with personal information We collect in other ways or receive from third-parties. It helps Us to improve Our Website and to deliver a better and more personalized service, including by enabling Us to estimate usage size and patterns, store preferences, speed up searches, and/or recognize You when You return to Our Website.
The technologies We use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of Your computer. You may refuse to accept browser cookies by activating the appropriate setting on Your browser. However, if You select this setting You may be unable to access certain parts of Our Website. Unless you have adjusted Your browser setting so that it will refuse cookies, Our system will issue cookies when You direct your browser to Our Website. 
  • Flash Cookies. Certain features of Our Website may use local stored objects (or Flash cookies) to collect and store information about Your preferences and navigation to, from, and on Our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of Our the Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Closing SParks, for example, to count users who have visited those pages or and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 

Some content or applications, including service requests, on Our Website are served by third-parties, including content providers and/or application providers. These third-parties may use tracking technologies to collect information about You when You use Our Website. The information they collect may be associated with Your personal information or they may collect information, including personal information, about Your online activities over time and across different websites and other online services. They may use this information to provide You with interest-based (behavioral) advertising or other targeted content. We do not control these third-parties’ tracking technologies or how they may be used. If You have any questions about an advertisement or other targeted content, You should contact the responsible provider directly.

We use information that We collect about You or that You provide to Us, including any personal information: 

  • To present Our Website and its contents to You.
  • To provide You with information, products, or services that You request from Us.
  • To fulfill any other purpose for which You provide it.
  • To provide You with notices.
  • To carry out Our obligations and enforce Our rights arising from any contracts entered into between You and Us, including for billing and collection.
  • To notify You about changes to Our Website or any products or services We offer or provide though it.
  • In any other way We may describe when You provide the information.
  • For any other purpose with Your consent.

 

Disclosure of Your Information: We may disclose aggregated information about Our users without restriction. We may disclose personal information that We collect or You provide as described in this privacy policy:

  • To Our subsidiaries and affiliates.
  • To contractors, service providers, and other third-parties We use to support Our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Closing SParks’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Closing SParks about Our Website users is among the assets transferred.
  • To fulfill the purpose for which You provide it. 
  • For any other purpose disclosed by Us when You provide the information.
  • With Your consent.
 

We may also disclose Your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply Our terms of Our service agreements and other agreements, including for billing and collection purposes.
  • If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Closing SParks, Our customers, or others. 

 

We strive to provide You with choices regarding the personal information You provide to Us. We have created mechanisms to provide You with the following control over Your information:

  • Tracking Technologies and Advertising. You can set Your browser to refuse all or some browser cookies, or to alert You when cookies are being sent. If You disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Closing SParks. If We have sent You a promotional email, You may send Us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Closing SParks as a result of a request for services, service experience, or other transactions.

 

We do not control third-parties’ collection or use of Your information to serve interest-based advertising. However, these third-parties may provide You with ways to choose not to have Your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website. Please note, California residents may have additional personal information rights and choices.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Closing SParks, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Privacy & Use Policies permit You to use the Website for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Website, except as follows:
 

  • Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
  • You may store files that are automatically cached by Your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from this Website
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these terms, Your right to use the Website will stop immediately and You must, at Our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by Closing SParks. Any use of the Website not expressly permitted by these Privacy & Use Policies is a breach of these Privacy & Use Policies and may violate copyright, trademark, and other laws.

Proprietary Logos, Names, Trademarks, and Copyrights

Our company name and logo and all related names, logos, product and service names, designs, and slogans are proprietary and/or trademarks of Closing SParks or Our affiliates or licensors. You must not use such marks without the prior written permission of Closing Sparks. All other names, logos, product and service names, designs, and slogans on this Website are proprietary to and/or the trademarks of their respective owners.

Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Privacy & Use Policies. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with content standards herein.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Closing SParks, a Closing SParks’ employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Us, may harm Closing SParks or users of the Website, or expose them to liability.
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized herein, without Our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
 

Submission Standards

These submission standards apply to any and all interactive elements of Our Website. Submissions via Our interactive elements must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, submissions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Privacy & Use Policies.
  • Be likely to deceive Closing SParks and/or any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy Closing SParks and/or any other person.
  • Impersonate any person, or misrepresent Your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.
  • Violate the privacy, confidentiality, and/or contractual rights of another person or entity, for example the submission of bank account information or full social security numbers without prior authorized written consent of the person or entity whose information that is. 
 

Reliance on Information: The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Please note, You warrant the accuracy, completeness, or usefulness of information submitted by You to Closing SParks, including via the Website. Any reliance by Closing SParks on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance on incorrect or incomplete information provided by You.

Third-Party Service Providers: This Website may include content provided by third-parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials other than the content provided by Closing SParks, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Closing SParks. We are not responsible, or liable to You or any third-party, for the content or accuracy of any materials provided by any third-parties.

Online Purchases and Other Terms and Conditions: All purchases through Our website or other transactions for the sale of goods or services formed through the Website, or resulting from visits made by You, are governed by Our terms and conditions associated with Our service agreements are hereby incorporated into these Privacy & Use Policies. Additional terms and conditions may also apply to specific portions, services, or features of the Website, such additional terms and conditions are hereby incorporated by this reference into these Privacy & Use Policies.

Links from Our Website: If Our Website contains links to other sites and resources provided by third-parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms of use for such websites.

Geographic Restrictions: Closing SParks is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties: You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our Website for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, CLOSING SPARKS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CLOSING SPARKS NOR ANY PERSON ASSOCIATED WITH CLOSING SPARKS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CLOSING SPARKS NOR ANYONE ASSOCIATED WITH CLOSING SPARKS REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, CLOSING SPARKS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability: TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CLOSING SPARKS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification: You agree to defend, indemnify, and hold harmless Closing SParks, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Privacy & Use Policies or Your use of the Website, including, but not limited to, Your submissions, any use of the Website’s content, services, and products other than as expressly authorized in these Privacy & Use Policies, or Your use of any information obtained from the Website.

Additionally, You agree to defend, indemnify, and hold harmless Closing SParks, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating the infringement, misappropriation, dilution, or violation of the intellectual property rights or privacy rights of any third-party in connection with the submission of information by You or Your agents.

Choice of Law: These Privacy & Use Policies shall be governed by and construed and enforced in accordance with the laws of the State of Texas without regard to the conflicts of law principles thereof. You agree that any action arising under these Privacy & Use Policies shall be brought exclusively in a state or federal court located in the county of Closing SParks principal address, We may proceed in an action against You in any state and/or country of applicable jurisdiction if deemed reasonably necessary.

Miscellaneous; These Privacy & Use Policies constitute the entire agreement between You and Us with respect to your use of the Website. There shall be not be any amendment, modification, waiver or termination of these Privacy & Use Policies, except as prescribed above. If any provision of these Privacy & Use Policies is held to be void, invalid, unenforceable or illegal by any court of competent jurisdiction, the remaining provisions will remain valid and enforceable in accordance with Our original intent. Failure to enforce any provision of these Privacy & Use Policies by Us will not constitute or be construed as a waiver of such provision or of the right to enforce such provision by Us. No waiver by Us of any condition or provision of these Privacy & Use Policies shall be considered a waiver of any other condition or provision or of the same condition or provision at another time. We may transfer or assign our rights and obligations under these Privacy & Use Policies, but that will not affect your obligations herein. You may not transfer or assign your rights, account(s), or obligations under these Privacy & Use Policies or with Us in general.  These shall be binding upon and inure to the benefit of the parties hereto, and each of their respective successors and assigns. Headings are merely for ease of purpose.
Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact Us at: sara@closingsparks.com