TERMS OF SERVICE
Effective Date: February 23, 2026
Welcome to the website and services of Red Beard Property Management / Real Estate ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, and all related services, including but not limited to property management services, real estate brokerage services, and marketing communications (collectively, the "Services").
By accessing or using our Services, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions referenced herein. If you do not agree to these Terms, you must immediately discontinue use of our Services.
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.
You must be at least eighteen (18) years of age and capable of forming a binding contract under applicable law to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.
Red Beard Property Management / Real Estate provides property management and real estate services, which may include but are not limited to: property listings and search tools, market analysis and property valuations, tenant placement and property management, rental payment processing, maintenance coordination, real estate brokerage and advisory services, and related communications including email, text message (SMS/MMS), and telephone-based notifications and marketing.
Certain features of our Services may require you to create an account. When registering, you agree to provide accurate, current, and complete information and to update such information as needed. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to a violation of these Terms.
By providing your contact information to us, you consent to receive communications from Red Beard Property Management / Real Estate related to your use of our Services, including transactional messages, service updates, appointment reminders, and property-related notifications.
By opting in to our text message program, you may receive the following types of text messages (SMS and MMS) from Red Beard Property Management / Real Estate:
Marketing & Promotional Messages: New property listings, open house announcements, price reductions, special promotions, seasonal campaigns, market updates, and real estate tips.
Property Alerts: Notifications about properties matching your saved search criteria, neighborhood updates, and listing status changes.
Appointment & Showing Reminders: Confirmations and reminders for property showings, inspections, walkthroughs, and consultations.
Transactional Messages: Lease-related notifications, rental payment confirmations and reminders, maintenance request updates, move-in/move-out communications, and security alerts.
Customer Service Messages: Responses to your inquiries, follow-ups on service requests, and satisfaction surveys.
BY PROVIDING YOUR MOBILE PHONE NUMBER AND OPTING IN TO OUR TEXT MESSAGE PROGRAM, YOU EXPRESSLY CONSENT TO RECEIVE RECURRING AUTOMATED MARKETING AND PROMOTIONAL TEXT MESSAGES (INCLUDING SMS AND MMS) FROM RED BEARD PROPERTY MANAGEMENT / REAL ESTATE AT THE MOBILE NUMBER YOU HAVE PROVIDED. THIS CONSENT IS NOT A CONDITION OF PURCHASING ANY GOODS OR SERVICES FROM US.
Message Frequency: Message frequency may vary. You may receive up to [insert number, e.g., 10] messages per month, though frequency may increase during promotions or time-sensitive property listings.
Message and Data Rates: Message and data rates may apply. Standard messaging rates from your wireless carrier may be charged for each message you send or receive. You are solely responsible for any charges imposed by your mobile carrier. Please contact your carrier for details about your messaging plan.
You may opt out of receiving text messages at any time by using any of the following methods:
Reply STOP: Text the word STOP to any message you receive from us. You may also text STOP, UNSUBSCRIBE, CANCEL, END, or QUIT to opt out.
Contact Us Directly: Email us at [[email protected]] or call us at [your-phone-number] to request removal from our text message list.
Upon receipt of your opt-out request, you will receive a single confirmation message confirming that you have been unsubscribed. You will no longer receive marketing text messages from us unless you re-subscribe. Please allow up to forty-eight (48) hours for your opt-out request to be fully processed.
If you are experiencing issues with our text messaging program, have questions, or need assistance, you may:
Reply HELP: Text the word HELP to any message you receive from us for immediate assistance information.
Email: [[email protected]]
Call: [your-phone-number]
Mail: Red Beard Property Management / Real Estate, [Your Street Address], [City, State, ZIP Code]
Red Beard Property Management / Real Estate and mobile carriers (including but not limited to T-Mobile, AT&T, Verizon, and all other carriers) are not liable for delayed or undelivered messages. Delivery of messages is subject to effective transmission by your mobile carrier and device compatibility. We make no guarantee that messages will be delivered on time or at all.
You must be at least eighteen (18) years of age to opt in to and participate in our text message program. By opting in, you confirm that you are at least 18 years old. If we discover that a participant is under 18, we will immediately remove their phone number from our messaging list and cease all text communications.
Consent Not Required for Purchase: Your consent to receive text messages is not required as a condition of purchasing any property, service, or other offering from Red Beard Property Management / Real Estate.
No Sharing of Consent: We will not share, sell, rent, or otherwise transfer your opted-in phone number, consent status, or opt-in information to any third party for the purpose of initiating or enabling text message marketing on their behalf, except as required to deliver messages through our service providers acting on our behalf.
Supported Carriers: Our text message program is supported on most major U.S. carriers. Carriers may not be available in all areas.
Privacy: Your use of our text message program is subject to our Privacy Policy, available at [your-privacy-policy-url]. Please review our Privacy Policy for details on how we collect, use, and protect your mobile number and related information.
Even if you opt out of marketing text messages, you may still receive transactional or service-related text messages necessary for the performance of our contractual obligations to you, including but not limited to: appointment confirmations, showing reminders, lease-related notifications, maintenance updates, payment confirmations, and security alerts. These transactional messages are not subject to the marketing opt-out process described in Section 5.5 but you may request cessation of all messages by contacting us directly using the information in Section 5.6.
By providing your email address, you consent to receive emails from us, including marketing and promotional emails. You may unsubscribe from marketing emails at any time by clicking the "unsubscribe" link included in each email or by contacting us directly. Unsubscribing from marketing emails will not affect transactional or service-related emails.
By providing your telephone number, you consent to receive calls from Red Beard Property Management / Real Estate, including calls made using an automatic telephone dialing system or prerecorded voice, for marketing and informational purposes. You may revoke this consent at any time by notifying us using the contact information in Section 18.
Your use of our Services is also governed by our Privacy Policy, available at [your-privacy-policy-url], which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and share your personal information, including your phone number, text message consent data, and communication preferences. We encourage you to review the Privacy Policy carefully before using our Services or opting in to our text message program.
We implement commercially reasonable administrative, technical, and physical safeguards to protect your personal information. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.
Red Beard Property Management / Real Estate is committed to compliance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and all applicable Federal Communications Commission (FCC) regulations, as well as all applicable state and local telemarketing laws.
We maintain the following practices:
We obtain prior express written consent before sending marketing or promotional text messages or making automated/prerecorded marketing calls.
We honor all opt-out requests promptly and maintain an internal do-not-contact list.
We identify ourselves in all communications and provide clear opt-out instructions.
We do not send text messages or make calls before 8:00 AM or after 9:00 PM in the recipient's local time zone.
We maintain records of consent for a minimum of five (5) years or as otherwise required by law.
All email communications from Red Beard Property Management / Real Estate comply with the CAN-SPAM Act of 2003 (15 U.S.C. § 7701 et seq.). Our emails will not use deceptive subject lines or false header information, will clearly identify the message as an advertisement where applicable, will include our valid physical mailing address, and will provide a clear mechanism to opt out of future marketing emails. Opt-out requests will be honored within ten (10) business days.
All content on our website and within our Services, including but not limited to text, graphics, logos, images, software, and compilation of data, is the property of Red Beard Property Management / Real Estate or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from our Services without our prior written consent, except as incidental to normal web browsing or as expressly permitted in these Terms.
You may be able to submit content through our Services, including reviews, messages, photographs, and other materials ("User Content"). By submitting User Content, you grant Red Beard Property Management / Real Estate a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with our Services.
You represent and warrant that you own or control all rights to the User Content you submit and that such content does not violate any law, infringe any third-party rights, or contain any material that is defamatory, obscene, or otherwise objectionable.
You agree not to use the Services for any unlawful purpose or in any manner that could damage, disable, overburden, or impair our systems. Prohibited activities include but are not limited to: using automated systems (bots, spiders, scrapers) to access the Services without our written permission, attempting to gain unauthorized access to our systems or other users' accounts, transmitting viruses or malicious code, engaging in any form of harassment or discriminatory conduct, and using the Services to send unsolicited commercial messages in violation of applicable law.
Our Services may contain links to third-party websites or services. We do not control and are not responsible for the content, privacy policies, or practices of any third-party sites. Your interaction with third-party sites is at your own risk, and you should review their terms and policies before engaging with them.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, RED BEARD PROPERTY MANAGEMENT / REAL ESTATE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected. We make no representations regarding the accuracy, reliability, or completeness of any content provided through the Services.
Real estate and property management information provided through our Services is for informational purposes only and does not constitute legal, financial, or investment advice. You should consult qualified professionals before making any real estate decisions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RED BEARD PROPERTY MANAGEMENT / REAL ESTATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
You agree to indemnify, defend, and hold harmless Red Beard Property Management / Real Estate, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from: your use of the Services, your violation of these Terms, your violation of any third-party rights, or any User Content you submit through the Services.
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.
Before initiating any formal dispute resolution proceeding, you agree to first contact us and attempt to resolve the dispute informally for a period of at least thirty (30) days.
If the dispute cannot be resolved informally, you agree that any claim or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Salt Lake City, Utah, unless the parties mutually agree otherwise. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND RED BEARD PROPERTY MANAGEMENT / REAL ESTATE AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
If you have any questions about these Terms, our text messaging program, or wish to exercise any rights described herein, please contact us at:
Red Beard Property Management / Real Estate
267 W Green Hill Ct, Saratoga Springs Utah 84045
Email: [email protected]
Phone: (970) 227-8924
These Terms, together with the Privacy Policy https://redbeardpropertymanagement.com/privacy-policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Red Beard Property Management / Real Estate regarding the Services.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
The failure of Red Beard Property Management / Real Estate to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it at a later time.
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.
Red Beard Property Management / Real Estate shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party service provider