Home/Google Assistant “Actions” Agreement

Welcome to Tina Peterson Team - Real Estate One Google Home/Google Assistant Action (“Actions”) which will allow you to use your Google Assistant enabled device to access information on buying or selling homes in Michigan, - simply by using your voice. This Agreement (“Agreement”) is between you and Tina Peterson Team - Real Estate One (“Tina Peterson”), and it provides the terms and conditions that apply to your use of the Action and is in addition to any other agreements you may have with us, Google, or any other third parties. This Agreement is revised periodically and it may include changes from earlier versions, by using the Action, you agree to the most recent version of this Agreement

DEFINITIONS

• The following definitions apply in this Agreement except to the extent any term is separately defined elsewhere in this Agreement.
• The words “we,” “our,” and “us” mean Tina Peterson, its affiliates, successors, and assigns.
• The words “you” and “your” means the person or person(s) that accesses or uses the Action.
• “Service Providers” means any other third party that we have engaged to provide equipment, or other services in connection the Action. This includes any agent, independent contractor, or subcontractor of any of the foregoing. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.

ELIGIBILITY

To use the Action, you must:

• Possess an internet connected device that is compatible with Google Assistant (such as a Google Home Smart Speaker)
• Establish and maintain a valid email address

PRIVACY & CONFIDENTIALITY

Protecting your privacy is important to us. We will gather and disclose personal information about you only as allowed by law. All information gathered from you in connection with using the Action will be governed by the provisions of the Tina Peterson Privacy Pledge which is available online. Personal information about you will be used for the purpose of using the Action as well as for internal purposes (i.e., contacting you about housing prices that you request, any follow up that may happen, etc.). We may also disclose information to third parties about your account or the transactions you make in accordance with the law as outlined in the Privacy Pledge.

Any information you share or access using a Google Assistant enabled device will be stored within the Google Assistant app, and a transcript of all commands/responses is viewable within the Google Home or Google Assistant app and/or shared with Google. You can manage the information that is stored within the Google Assistant app; please consult any agreements or privacy policies you may have with Google to learn more about how Google uses your data.

SECURITY:

Effective security is dependent on your responsible behavior in protecting your Log-in Credentials and controlling access to the devices that you use to access the Action. For the purposes of this Agreement, “Log-in Credentials” means your personal ID, password, security code, and any other unique biometric attribute (such as voice print or fingerprint) used to access the Action.

Protecting Your Log-in Credentials

To use the Action, you must first link your Google by authenticating your identity. Your voice is not used to authenticate your identity or otherwise control access to the Action.

Furthermore, any commands you provide to Google Assistant, or responses you receive from Google Assistant, may be heard by others in your surrounding area. You acknowledge that any person who overhears your commands may be able to access the Action. You are responsible for keeping your Log-in Credentials confidential and you are responsible for ensuring that you have logged out when your session is complete to prevent unauthorized persons from using the Action.

If you give any other person or entity access to your Log-in Credentials, or any device you use to access the Action, you agree that each such person or entity will be acting as your “Agent” and will be bound by this Agreement (and any separate agreement governing your account). We are not responsible for managing your third party relationships and any arrangements between you and an Agent are strictly between you and the other party. We will rely and act on all instructions received via our web sites or Action using your Log-in Credentials and we are not liable to you if your Agent exceeds the scope of authority granted. Any transaction performed by your Agent using your Log-in Credentials, even if not specifically intended by you, is considered a transaction authorized by you.

Contact the Tina Peterson Team if you wish to change access to Google Action.

ACCURACY AND DATA SYNCHRONIZATION

We make every effort to ensure that the data presented via the Action is accurate and synchronized between the various methods you use to access your account information. There are some rare instances, however, where the information available through the Action may be delayed or different from the information that is available within the various other methods you use to access your account information. Additionally, some information available on the web, may not be immediately available via the Action, or it may be described using different terminology. In the event of any discrepancies, the account website has the most up to date information. You agree that neither we nor our Service Providers will be liable for any errors or delays in the content provided through the Action, or for any actions taken in reliance thereon.

ACCOUNT BALANCE AND TRANSACTION HISTORY

In order to access your Tina Peterson Action via Google Assistant, you must speak the wake command “Hey Google. Open Tina Peterson Team.” Google Assistant will reply, “Hello, I'm Alexa, and with help from the Tina Peterson Team I want to help you find your new home. After I ask a few basic questionsI will email you homes that fit your description. At any time you can ask me questions about the Tina Peterson Team and why so many Michigan residents trust us. Let’s get started. Are you buying or selling a home?”
The account information provided by Google Assistant is for Tina Peterson to contact you with your home search results.

EQUIPMENT

You are responsible for and must provide all telephones, mobile devices, computers, and/or other equipment, software (other than any software provided by us), and services necessary to access the Action.

FEES AND CHARGES

There is no fee to use the Action, but you are responsible for any and all other fees and charges that may be assessed by Google, your telephone company, wireless carrier, internet service provider, or any other third party provider you may engage.

USING THE ACTION FROM OUTSIDE THE UNITED STATES

The products and services described herein are only offered in jurisdictions where they may be legally offered. Not all services are available in all countries and you understand that the described products and services are intended for customers located in the United States. You also understand that Tina Peterson is based in the United States, more specifically in the State of Michigan.
We do not make any representations that any content or use of the Action is appropriate or available for use in locations outside of the United States, and accessing the Action from territories where any content or use of the Action is illegal is prohibited.
If you choose to access the Action from locations outside the United States, you do so at your own risk and you are responsible for compliance with local laws.

NO ILLEGAL USE

You may only use the Action (including our web sites) for lawful purposes. You agree not to use the Action to conduct any business or activity or solicit the performance of any activity prohibited by law or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with the Action. You certify that you are 18 years of age or older or otherwise able to lawfully enter into contracts under applicable law.

EXPORT CONTROL

You acknowledge that your use of the Action is subject to the United States government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the Action and any associate software. You agree that you will not directly or indirectly use, export, re-export, or transfer the Action except in compliance with applicable U.S. export laws and regulations. Without limitation, you agree that you will not use the Action in any embargoed or sanctioned country such as Iran, North Korea, Sudan, and Syria.

CHANGES IN TERMS OF USE

We reserve the right to modify this Agreement at any time. You will receive notice in accordance with applicable law when any changes are made that materially affect your rights. By accessing your account and continuing to use the Action, you agree to the most recent version of this Agreement.

DELAY OR SUSPENSION OF SERVICE

Without limiting any other provision of this Agreement, if we or any other Service Provider reasonably believes that your conduct in using the Action constitutes a “Threatening Condition” (including but not limited to, violation of this Agreement, violation of any applicable laws, rules, regulations or industry standards, or otherwise poses a threat to any system, equipment, process, intellectual property, or the reputation of us or any Service Provider, we or any such Service Provider may provide you with a notice to cease the Threatening Condition. If, in the reasonable and good faith determination of us or any Service Provider, the Threatening Condition poses an imminent or actual threat (including regulatory investigation, inquiry or penalty) to us or any Service Provider or its systems, equipment, processes, or intellectual property, you agree that we or any other Service Provider may suspend any and all use of the Action without notice.

TERM AND TERMINATION

We may terminate all or part of this Agreement and your use of the Action for any reason and at any time with or without prior notice as the law requires. You agree that you will immediately stop using the Action upon our request. You may voluntarily terminate your access to the Action and withdraw your consent to this Agreement by calling us at 734.306.5964. If you terminate your access and/or withdraw your consent to this Agreement, you will no longer have access to any of the services provided by the Action. All applicable provisions of this Agreement shall survive termination by either you or us, including, without limitation, provisions related to warranty disclaimers, limitations of liability, and indemnification.

NO WARRANTIES

Neither Tina Peterson, affiliates, or Service Providers represents or warrants the accuracy, adequacy, completeness or timeliness of the services provided in the Action, including but not limited to the information, materials, products and services on our web sites or the error free use of our web sites. All services, including but not limited to our web sites, materials, products, and services, are provided “As Is” and “As Available” without warranty of any kind, either express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from a computer virus. In the event of a system failure or interruption, your data may be lost or destroyed. Any transactions that you initiated or were in the process of completing or completed before a system failure or interruption should be verified by you through means other than through the Action to ensure the accuracy and completeness of those transactions. You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transactions so affected.

LIMITATION OF LIABILITY; INDEMNIFICATION

In no event will Tina Peterson, or any of its affiliates, contractors, or their respective officers, directors, employees, consultants, agents, other Service Providers or licensors be liable under any contract, tort, negligence, strict liability or other claim for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages) whether caused by or resulting from (i) the use or the inability to use the Action; (ii) any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, loss of data, theft, destruction, or unauthorized access to your information; (iii) errors, inaccuracies, omissions, or other defects in information or content provided by, contained within, or obtained through the Action, or (iv) any other failure, action, or omission. You agree to indemnify, defend, and hold Tina Peterson, and its affiliates, officers, directors, employees, consultants, agents, other Service Providers and licensors harmless from any and all third party claims, actions, liability, damages and/or costs (including but not limited to reasonable attorney’s fees) arising from (a) a third party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other materials submitted by you to or through the Action; (b) any fraud, manipulation or other breach of this Agreement by you; (c) any third party claim, action or allegations brought against Tina Peterson arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase of sale of any goods or services; (d) your violation of any law or rights of a third party; or (e) use of the Action or use of your account by any third party. Tina Peterson reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Tina Peterson in asserting any available defenses. You will not settle any action or claims on Tina Peterson’s behalf without the prior written consent of Tina Peterson.

WAIVER

We may waive any term or provision of this Agreement at any time or from time to time. We will not be deemed to have waived any of our rights or remedies with regard to this Agreement, unless our waiver is in writing and signed by an authorized officer of Tina Peterson, or its affiliates. No delay or omission on our part in exercising any rights or remedies will operate as a waiver of those rights or remedies or any other rights or remedies. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.

SEVERABILITY; HEADINGS

If any provision of this Agreement is held to be void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in any other jurisdiction or any other provision in that or any other jurisdiction. The headings in this Agreement are for convenience or reference only and do not govern the interpretation of provisions of the Agreement.

ASSIGNMENT

You may not assign this Agreement to any other party. We may assign this Agreement or delegate or transfer any or all of our rights and responsibilities under the Agreement to any Service Provider.

COMPLETE AGREEMENT

This Agreement represents the sole and exclusive agreement between you and us regarding the Action and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof.