WESTCORE TEXT MESSAGING TERMS OF USE
By “Opting In” to or using a “Text Message Service” (as defined below) from Westcore Realty, LLC, you accept these Terms and Conditions (the “Terms”). This agreement is between you and Westcore Realty, LLC or one of its affiliates. All references to “Westcore,” “we,” “our,” or “us” refer to Westcore Realty, LLC, 4350 La Jolla Village Dr. Ste 900, San Diego, CA 92122.
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).
CONSENTING TO TEXT MESSAGING
By consenting to receive text messages from us, you agreed to these Terms, which serve as the entirety of the agreement between you and Westcore with respect to the Text Message Service.
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.
WESTCORE 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, without limitation, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DON’T SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE SERVICE TO ANY THIRD PARTY. 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.
INFORMATION WE COLLECT
When you communicate with us via Text Message, we may collect the following information:
– Your mobile phone number
– The content of messages you send to us
– Date and time stamps of messages
– Your name and contact information when provided by you
HOW WE USE YOUR INFORMATION
Westcore uses the information collected through Text Message communications for the following purposes:
– To respond to your inquiries and requests
– To provide property-related information and services
– To manage our business relationship with you
– To fulfill our contractual obligations
– To improve our communication services
– To comply with legal requirements
We do not use Text Message communications for advertising or solicitation purposes.
DATA RETENTION
We retain Text Message communication information for as long as necessary to fulfill the purposes outlined in these Terms, unless a longer retention period is required or permitted by law.
CALIFORNIA RESIDENTS’ RIGHTS
California residents have specific rights regarding their personal information under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including:
– The right to know what personal information we collect
– The right to request deletion of personal information
– The right to correct inaccurate personal information
– The right to limit the use of sensitive personal information
– The right to opt out of the sale or sharing of personal information
To exercise these rights, please contact us using the information provided in the “Contact Us” section below.
COSTS OF TEXT MESSAGES
We do not charge you for the messages you send and receive via the Text Message Service; however, message and data rates may apply. Depending upon 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 Message Service is for conversational person-to-person communication between you and our employees. 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 are specific to each conversation between you and one of our employees and their associated phone number. After unsubscribing, we may send you confirmation of your opt-out via text message.
DISCLAIMER OF WARRANTIES
You acknowledge and agree that our Text Message Service is provided on an “as is” and “as available” basis. Neither Westcore nor its affiliates, subsidiaries or its or their officers, directors, managers, members, partners, employees or agents (collectively “Westcore Parties”) guarantees the accuracy, completeness, timeliness, reliability, suitability or usefulness of any Text Message communication, that Text Message communications will be uninterrupted or error free, or that our Text Message communication services are free of harmful elements.
You expressly agree that the entire risk as to the quality and performance of our Text Message communications and the accuracy, timeliness or completeness of the content or services is assumed solely by you.
None of the Westcore Parties makes any, and hereby specifically disclaims any and all, representations, endorsements, guarantees, and warranties, express or implied, regarding our Text Message communications, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement of third-party rights.
LIMITATION OF LIABILITY
Under no circumstances will any of the Westcore Parties be liable for any loss or damage caused by your reliance on information obtained through Text Message communications.
It is your responsibility to evaluate the accuracy, completeness, or usefulness of our Text Message communications. In no event shall any of the Westcore Parties be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to Text Message communications or these Terms, whether based on warranty, contract, tort, or any other legal theory.
Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the Westcore Parties’ liability is limited to the greatest extent permitted by law.
Your sole remedy for dissatisfaction with our Text Message communications is to stop using our Text Message Service.
INDEMNIFICATION
You agree to protect, defend, and hold Westcore and the Westcore Parties harmless from any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Text Message Service or any violation of these Terms.
MISCELLANEOUS
In the event that any portion of these Terms is held to be invalid or unenforceable, such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms shall remain in full force and effect.
The sections of these Terms entitled Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall survive the termination or expiration of these Terms.
Westcore reserves the right to change, suspend, or discontinue all or any part of the Text Message Service or the content at any time without prior notice or liability.
The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of these Terms.
You expressly absolve and release Westcore and the Westcore Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions.
You may not assign these Terms. No waiver shall be effective unless in writing. Neither the course or conduct between the parties nor trade practice shall act to modify any provision of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of California, except with regard to its conflicts or choice of law rules.
You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of Text Message communications.
You are prohibited from any use of the Text Message Service that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.
All rights not expressly granted herein are reserved by Westcore.
These Terms contain the entire agreement of the parties concerning your use of the Text Message Service and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.
CONTACT US
For support, email: [email protected] with subject line Attn: Legal/Information Privacy Compliance or call: (858) 425-6100
Westcore Realty, LLC
Attn: Legal/Information Privacy Compliance
4350 La Jolla Village Dr. Ste 900
San Diego, CA 92122
Last Updated: April 1, 2025