Effective January 1, 2012
“Florida Realtors” means Florida Realtors a Florida organization located at 7025 Augusta National Drive, Orlando, Florida 32822. Florida Realtors provides its websites and the services offered in connection therewith to you subject to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service"). In addition, when using Florida Realtors owned or operated services, you and Florida Realtors shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Service. Florida Realtors may also offer other services that are governed by different terms of service (“Additional Terms”). Such Additional Terms are incorporated into these Terms of Service. If there is any contradiction between the Additional Terms and the terms in this document, then the Additional Terms shall take precedence in relation to that Florida Realtors service.
Unless explicitly stated otherwise, any new features that supplement or enhance the current Florida Realtors Services and the release of new Florida Realtors services and functionality, shall be subject to these Terms of Service.
2. DESCRIPTION OF SERVICES
Florida Realtors provides users with access to a rich collection of resources, including data aggregation and search services, communication tools, mapping services, coaching and training programs, legal and risk management tools, prediction market, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Florida Realtors Services"). You understand and agree that the Florida Realtors Services may include advertisements and that these advertisements are necessary for Florida Realtors to provide the Florida Realtors Services. Florida Realtors Services may include communications from Florida Realtors, such as announcements, administrative messages and Florida Realtors Services newsletters that are considered a benefit of Florida Realtors Services and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Florida Realtors Services, including the release of new Florida Realtors properties, shall be subject to the Terms of Service. You understand and agree that the Florida Realtors Services are provided "AS-IS" and that Florida Realtors assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Florida Realtors Services, and that access may involve third-party fees (such as Internet service provider or airtime charges) or software downloads over which Florida Realtors has no control. You are responsible for those fees and downloads. In addition, you must provide and are responsible for all equipment necessary to access the Florida Realtors Services.
3. ELIGIBILITY TO USE SERVICE
Some Florida Realtors Services are available free of charge to the general public. Other services are available only to businesses, trade groups or other organizations (“Clients”) for use by their employees, agents and members. If you are accessing the Florida Realtors Services through an arrangement between Florida Realtors and a Client, the Client has the sole right to determine eligibility. Clients provide Florida Realtors with a list of persons who are eligible to receive access to the Service. Your inclusion on this eligibility list is at the sole discretion of the Client and Florida Realtors is not responsible for your inclusion or exclusion. If a Client terminates your access to the Services, you agree that Florida Realtors is not responsible for such termination and that you have no recourse, and will take no action, against Florida Realtors.
In consideration of your use of Florida Realtors Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
4. USER ACCOUNT, PASSWORD AND SECURITY
In order to access certain Florida Realtors Services, you may be required to provide current, accurate identification, contact and other information (“Registration Data”) as part of the registration process and/or continued use of the services offered by Florida Realtors, its service partners or affiliated companies ("Florida Realtors"). If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or Florida Realtors has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Florida Realtors has the right to suspend or terminate your account and refuse any and all current or future use of Florida Realtors Services (or any portion thereof). Because of the nature of our business, our services and benefits are not designed to appeal to minors. We do not knowingly attempt to solicit or receive any information from children.
You will receive a password and account designation upon completing the Florida Realtors Services registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Florida Realtors of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Florida Realtors cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. SINGLE SIGN-ON
Florida Realtors may cooperate with Clients and other service providers to reduce the number of logins you are required to make to access Florida Realtors’ Services. This practice, pursuant to which one organization authenticates your identity to another, is referred to as “single sign-on” access (“Single Sign-on”). For example, if you login through a Client website, you may be able to go straight to a Florida Realtors' Service such as IDX or MLS Advantage, or a third party service such as Google Maps™, without logging in again, moving from one service provider directly to another. The first service provider you login to (the “originating party”) does not share your password with the second service provider (the “receiving party”), but instead asserts that the person who logged in is entitled to access their account within the receiving party’s service. You may opt out of Single Sign-on service by contacting Florida Realtors at email@example.com.
6. INTERSTATE NATURE OF COMMUNICATIONS ON Florida Realtors NETWORK
When you register with Florida Realtors, you acknowledge that in using Florida Realtors’ Services to send electronic communications (including but not limited to email, search queries, uploading photos and files to Florida Realtors Services and other Internet activities), you will be causing communications to be sent through Florida Realtors’ computer networks, portions of which are located in Florida and other locations in the United States. As a result, and also as a result of Florida Realtors’ network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
7. APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
You agree that you are responsible for your own conduct and Content while using the Florida Realtors Services and for any consequences thereof. You agree to use Florida Realtors Services only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using Florida Realtors’ Services, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene or unlawful Content;
- upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content;
- upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
- download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- restrict or inhibit any other user from using and enjoying Florida Realtors Services;
- use Florida Realtors Services for any illegal or unauthorized purpose;
- remove any copyright, trademark or other proprietary rights notices contained in or on Services;
- interfere with or disrupt Florida Realtors’ Services or servers or networks connected to Florida Realtors Services, or disobey any requirements, procedures, policies or regulations of networks connected to Florida Realtors Services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Florida Realtors Services or collect information about users for any unauthorized purpose;
- submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Florida Realtors;
- create user accounts by automated means or under false or fraudulent pretenses;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses or any items of a destructive nature.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
You acknowledge that Florida Realtors may or may not pre-screen Content, but that Florida Realtors and its licensors and designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or move any Content that is available through Florida Realtors Services. Without limiting the foregoing, Florida Realtors and its licensors and designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Florida Realtors or submitted to Florida Realtors, including without limitation information relating to real estate listings and information in Florida Realtors message boards and in all other parts of the Florida Realtors Services.
You understand that the Service and any necessary software used in connection with the Service embodied within Florida Realtors Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Florida Realtors and/or content providers who provide content to Florida Realtors Services. You may not attempt to override or circumvent any of the usage rules embedded into Florida Realtors Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided through Florida Realtors Services, in whole or in part, is strictly prohibited.
You acknowledge, consent and agree that Florida Realtors may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) provide the Florida Realtors Services or enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Florida Realtors, its Clients, its licensors, its affiliate, service providers, users or the public.
Florida Realtors MAY COLLECT, RETAIN AND REPUBLISH CONTENT WITHIN THE Florida Realtors SERVICES WHICH INCLUDES PERSONALLY IDENTIFIABLE INFORMATION (PII) SUCH AS YOUR NAME, MAILING ADDRESS, PHONE NUMBER OR EMAIL ADDRESS. Florida Realtors WILL PROVIDE A MEANS BY WHICH TO CORRECT OR DELETE SUCH INFORMATION FROM THE SERVICE; PROVIDED, HOWEVER, THAT IF YOUR ACCESS TO THE SERVICE IS THROUGH A Florida Realtors CLIENT, AND Florida Realtors RECEIVED THE PII FROM SUCH CLIENT, YOU MAY BE REQUIRED TO CONTACT THAT CLIENT TO MAKE THE CHANGES FIRST WITH THEM AND/OR TO HAVE THEM VERIFY TO Florida Realtors THAT THE CHANGES SHOULD BE MADE. Florida Realtors WILL NOT BE RESPONSIBLE FOR ANY TIME DELAY IN MAKING A REQUESTED CHANGE WHEN THE INSTRUCTION OR VERIFICATION OF SUCH CHANGE MUST COME FROM A CLIENT OR OTHER SOURCE. NEITHER Florida Realtors NOR ITS SUPPLIERS OR CLIENTS ARE RESPONSIBLE FOR IDENTIFYING OR DELETING ANY PII FROM Florida Realtors SERVICES.
9. PROPRIETARY RIGHTS
Rights in Florida Realtors Services
You acknowledge and agree that the Florida Realtors Services include proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or otherwise provided by third parties is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Florida Realtors or the Content provider, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on, Florida Realtors Services or third party Content, in whole or in part.
Florida Realtors grants you a personal, non-transferable and non-exclusive right and license to use the object code of software provided to you by Florida Realtors as part of the Florida Realtors Services (“Software”) on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Florida Realtors Services. You agree not to access Florida Realtors Services by any means other than through the interface that is provided by Florida Realtors for use in accessing Florida Realtors Services.
The Living Network® and its variations, the MLS Advantage logo, and the Florida IDX logo are trademarks or service marks of Florida Realtors, and other Florida Realtors logos and product and service names are trademarks of Florida Realtors (the "Florida Realtors Marks") and may not be displayed or used in any manner without Florida Realtors’ prior permission. Any use of Florida Realtors’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Terms of Service. REALTOR® is a federally registered collective membership mark which identifies a real estate professional who is a Member of the NATIONAL ASSOCIATION OF REALTORS® and subscribes to its strict Code of Ethics.
Rights in Content You Submit
for the Google Maps™ features. You further authorize Florida Realtors to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with Florida Realtors’ authorized distribution of the Content. This license and authorization terminates when your Content is deleted from the Florida Realtors Services to which you originally submitted. You represent and warrant that you hold all necessary rights (including without limitation any copyright, trademark, patent, publicity or other rights) in the Content you submit.
Rights in Content Submitted by Multiple Listing Services
Content provided by a multiple listing service (“MLS Content”) is proprietary information of such MLS and/or its associates, suppliers or licensors, under copyright. Development of the MLS Content has involved the expenditure of substantial time and money by the MLS and/or its associates, suppliers or licensors. Except for the rights granted to you herein, you agree and understand that each MLS and/or its associates, suppliers or licensors are and shall remain the exclusive owners of all rights, title, and interest in the MLS Content and all copyrights and renewals thereof, whether secured now or in the future. Except for the rights granted you herein, all publication, dissemination and other rights in and to MLS Content are reserved for such MLS and/or its associates, suppliers or licensors in all languages, formats and media throughout the world for the sole and exclusive use or any other disposition by such MLS and/or its associates, suppliers or licensors, their respective assignees or grantees at any time and from time to time without obligation or liability to you. You acknowledge that neither Florida Realtors nor the providing MLS attempts to independently verify the currency, completeness, accuracy or authenticity of MLS Content. MLS Content reported to and by MLS to Florida Realtors for use in connection with the Florida Realtors Services may be subject to transcription and transmission errors. MLS PROVIDES THE LICENSED CONTENT TO Florida Realtors, AND Florida Realtors IN TURN PROVIDES THE LICENSED CONTENT TO YOU, ON AN “AS IS” “AS AVAILABLE” BASIS. You agree to use and rely on the MLS Content through the Florida Realtors Services at your own risk.
10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Florida Realtors respects the intellectual property of others, and we ask our users to do the same. Florida Realtors may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Florida Realtors’ Copyright Agent the following information:
A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
B. a description of the copyrighted work or other intellectual property that you claim has been infringed;
C. a description of where the material that you claim is infringing is located on the site;
D. your address, telephone number, and email address;
E. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
F. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Florida Realtors has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). If you believe your copyright material is being used on this Site without permission, please notify the designated agent at:
7025 Augusta National Drive
Orlando, FL 32819
407 438 1400
11. NO RESALE
You agree not to reproduce, duplicate, copy, sell, trade or resell any portion of the Florida Realtors Services, use of Florida Realtors Services or access to Florida Realtors Services.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Florida Realtors may establish general practices and limits concerning use of Florida Realtors Services, including without limitation the maximum number property listings that can be displayed at any one time; the maximum number of days that email messages, message board postings or other uploaded Content will be retained by Florida Realtors Services; the maximum number of days that reports will be available; the maximum number of email messages that may be sent from an account on the Florida Realtors Services; the maximum size of any email message that may be sent from an account on the Florida Realtors Services; the maximum disk space that will be allotted on Florida Realtors’ servers on your behalf; and the maximum number of times (and the maximum duration for which) you may access the Florida Realtors Services in a given period of time. You agree that Florida Realtors has no responsibility or liability for the deletion or failure to store any Content or other communications maintained or transmitted by or through Florida Realtors Services. You acknowledge that Florida Realtors has set no fixed upper limit on the number of transmissions you may send or receive through Florida Realtors Services or the amount of storage space used; however, Florida Realtors retains the right, at its sole discretion, to create limits at any time with or without notice. You acknowledge that Florida Realtors reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Florida Realtors reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO Florida Realtors SERVICES
Florida Realtors reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Florida Realtors Services (or any part thereof) with or without notice. You agree that Florida Realtors shall not be liable to you or to any third party for any modification, suspension or discontinuance of all or any portion of Florida Realtors Services.
If you want to terminate this agreement with Florida Realtors, you may do so by (a) notifying Florida Realtors at any time and (b) closing your accounts for all of Florida Realtors Services which you use, where Florida Realtors has made this option available to you. Your notice should be sent, in writing, to Florida Realtors’ address which is set out at the beginning of these Terms of Service.
Florida Realtors may at any time, without prior notice to you, terminate this agreement, your Florida Realtors account and/or access to all or any portions of the Florida Realtors Services if:
- you have breached any provision of the Terms of Service or other incorporated agreements or guidelines (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with such); or
- you have disabled software required for functionality or requested removal of personally identifiable information that is integral to use or delivery of Florida Realtors Services; or
- Florida Realtors is required to do so by law, law enforcement or other government agency; or
- you request termination (self-initiated account deletion); or
- the Client with whom Florida Realtors offered Florida Realtors Services to you has terminated its relationship with Florida Realtors or ceased to offer Florida Realtors Services to you; or
- a vendor who provides a service in connection with Florida Realtors Services has terminated its relationship with Florida Realtors or ceased to offer the service to you; or
- the provision of the Florida Realtors Services to you by Florida Realtors is, in Florida Realtors’ opinion, no longer commercially viable or must be materially modified; or
- unexpected technical or security issues or problems arise; or
- you have an extended period of inactivity; or
- you engage in fraudulent or illegal activities or don’t pay fees owed by you in connection with Florida Realtors Services; or
- Florida Realtors has any other reason to do so.
Termination may be full (all Florida Realtors Services) or partial (one or more but fewer than all of the Florida Realtors Services). Termination includes (a) removal of access to one or more offerings within the Florida Realtors Services, (b) deletion of your password unless the password is used to access Florida Realtors Services that are not terminated, (c) deletion of all related information, files and Content associated with or inside your account (or any part thereof), and (d) barring of further use of all or any Florida Realtors Services. Further, you agree that all terminations for cause shall be made in Florida Realtors’ sole discretion and that Florida Realtors shall not be liable to you or any third party for any termination of your account or access to the Florida Realtors Services.
Once terminated, you may not be granted access to your account or any files or other Content contained in your account although residual copies of information may remain in the Florida Realtors or a service provider’s system. Except as set forth above or unless Florida Realtors has previously canceled or terminated your use of all or any portion of the Florida Realtors Services (in which case subsequent notice by Florida Realtors shall not be required), if you have provided an alternate email address, Florida Realtors will notify you via email of any such termination or cancellation, which shall be effective immediately upon Florida Realtors’ delivery of such notice. Sections 14 and 17-24 of the Terms of Service shall survive termination.
Florida Realtors Services may be supported by advertising revenue and may display advertisements and promotions on or in connection with Florida Realtors Services. The manner, mode and extent of advertising by Florida Realtors on Florida Realtors Services are subject to change. You agree that Florida Realtors shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on or in connection with Florida Realtors Services.
16. LINKS AND THIRD PARTY SERVICES
Florida Realtors or third parties may provide links and/or Single Sign-on access to other World Wide Web sites or resources, and may distribute third party software necessary for you to participate in some Florida Realtors Services. Because Florida Realtors has no control over such sites, software and resources, you acknowledge and agree that Florida Realtors is not responsible for the availability of such external sites, software or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Florida Realtors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify Florida Realtors, and its subsidiaries, affiliates, officers, managers, agents and employees, Clients, advertisers and service partners, from and against any third party claim arising from or in any way related to your use of Florida Realtors Services, violation of these Terms of Service or any other actions connected with use of Florida Realtors Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees at all levels, of every kind and nature. In such a case, Florida Realtors will provide you with written notice of such claim, suit or action.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
19. LIMITATION OF LIABILITY
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Florida Realtors SERVICES AND CONTENT PROVIDED THROUGH Florida Realtors SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Florida Realtors EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Florida Realtors MAKES NO WARRANTY THAT (i) Florida Realtors SERVICES WILL MEET YOUR REQUIREMENTS, (ii) Florida Realtors SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Florida Realtors SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Florida Realtors SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY SOFTWARE ERRORS WILL BE CORRECTED.
- ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Florida Realtors SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR SOFTWARE. You acknowledge that neither Florida Realtors nor its suppliers, licensors, Clients or affiliated parties attempt to independently verify the currency, completeness, accuracy or authenticity of the Content appearing on the Website or otherwise in connection with the Service. Content may be subject to transcription and transmission errors. ACCORDINGY, THE CONTENT IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS. YOU AGREE TO USE AND RELY ON THE CONTENT PROVIDED THROUGH THIS SERVICE AT YOUR OWN RISK.
- YOU AGREE THAT NEITHER Florida Realtors NOR ITS SUPPLIERS, CLIENTS, LICENSORS OR SERVICE PARTNERS ARE RESPONSIBLE FOR IDENTIFYING AND DELETING PERSONALLY IDENTIFIABLE INFORMATION IN THE CONTENT OR SERVICE UNLESS AND UNTIL Florida Realtors RECEIVES NOTICE TO DELETE SPECIFIC PERSONALLY IDENTIFIABLE INFORMATION REGARDING A PARTICULAR PERSON. The parties further recognize that inability to maintain personally identifiable information about a person may result in a reduction or termination of Florida Realtors Services to that particular person.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Florida Realtors OR THROUGH OR IN CONNECTION WITH Florida Realtors SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Florida Realtors SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF Florida Realtors HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE Florida Realtors SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON Florida Realtors SERVICES; (v) CONTENT PROVIDED BY A THIRD PARTY RELATING TO YOUR CONTENT OR (vi) ANY OTHER MATTER RELATING TO Florida Realtors SERVICES.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
You agree that Florida Realtors may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail or postings on Florida Realtors Services websites.
23. DISPUTES BETWEEN USERS OF Florida Realtors SERVICES
If you have a dispute with one or more users of Florida Realtors Services, you release Florida Realtors (and its officers, directors, agents, subsidiaries, Clients, service providers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
The MLS Advantage service entails cooperation among the participating multiple listing services (“MLS’s”). Because disputes may arise among service users who belong to different MLS’s, the MLS Advantage service has a particular dispute resolution process. If you use the MLS Advantage service, you agree to comply with that dispute resolution process, which requires users to (1) mediate any claim or dispute between each other and (2) failing a mediated settlement, submit the dispute to the interboard arbitration procedure that the MLS’s in which the two disputants participate have adopted for this purpose. If you use the MLS Advantage service, you agree to submit all claims or disputes with other users to mediation and arbitration as follows:
24. GENERAL INFORMATION
- Complete a written mediation request, found at http://fdm.adrforum.com/default.aspx.
- Submit the request to the National Arbitration Forum (“NAF”), along with the NAF’s current filing fee, with a copy to the user with whom you have the dispute.
- The mediation shall be conducted according to the mediation rules of the National Arbitration Forum (“NAF”).
- Unless otherwise agreed by you and the other user, the mediation shall be held in the federal judicial district in which the first party to request mediation resides.
- Failing a mediated settlement, you shall submit the matter to arbitration under the procedure agreed to by the MLS Client who provided your access to the MLS Advantage service.
. The Terms of Service constitute the entire agreement between you and Florida Realtors and govern your use of Florida Realtors Services, superseding any prior agreements between you and Florida Realtors. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Florida Realtors services, affiliate services, third-party content or third-party software.
Choice of Law and Forum
. The Terms of Service and the relationship between you and Florida Realtors shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Florida Realtors agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, Florida.
Waiver and Severability of Terms
. Florida Realtors’ failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Florida Realtors services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
. The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.