Terms of Service
Important. Please read this agreement carefully before accessing or using Sunshine Realty Pro’s (“Company”) website, located at SunshineRealtyPros.com, or voice and mobile applications or before participating in any online features, services and/or programs offered by the Company related to lead generation, responding to inquiries and management as related to the real estate industry and related industries (collectively, the “Service”). Each time you access or use the Service, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to be bound by all of these Terms, you may not access or use the Service. In addition, certain areas of the Service may be subject to additional terms of use that will be made available for your review in conjunction with accessing such areas. By using such areas or any part thereof, you are expressly indicating that you have read and agree to be bound by the applicable additional terms of use. In the unlikely event that any of the additional terms of use governing such an area are in conflict with these Terms, the additional terms shall control.
User Obligations
You agree to abide by all applicable local, state, national and international laws and regulations pertaining to accessing and using the Service. You also acknowledge and agree that your use of the Internet to access the Service is solely at your own risk.
Communications
By creating an account for the purposes of using the Service (“Account”), you agree to subscribe to newsletters, marketing or promotional materials and other information the Company may send, including by e-mail, SMS, text messaging, automated voicemail drops and push notifications. However, you may opt out of receiving any, or all, of these communications from the Company, at any time and upon your preference. You may opt out of receiving e-mail communications by clicking on the unsubscribe link provided in any e-mail sent by the Company and then following the affiliated instructions provided. You may opt out of receiving SMS and text messaging by replying “STOP” to any text sent by the Company. You may opt out of receiving phone calls by communicating that preference with receiving a phone call from the Company. The Company will make commercially reasonable efforts to comply with any communications from you requesting an opt out of communications.
Purchases
To purchase any product or service made available through the Service (“Purchase”), you may be required to supply certain information relevant to your Purchase, including, but not limited to, your credit card number, card expiration, billing address, and shipping preference and address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) used in connection with any Purchase and that (ii) the information you supply to the Company related to a Purchase is true and accurate.
The Service may employ third-party services to facilitate payment and completion of Purchases. By submitting your information to the Service, you grant the Company the right to provide that information to its third-party service providers subject to our Privacy Policy.
The Company reserves the right to refuse or cancel your order at any time for reasons including, but not limited to: suspicion of fraudulent, unauthorized, or illegal Purchase transactions; availability of a product or service; errors in the description or listed price of a product or service; or other errors or related reasons.
Availability, Errors and Inaccuracies
The Company is constantly updating product and service offerings on the Service, and sometimes there are delays between an update of information on the Service and a corresponding update to the Company’s advertising. There is also potential for the information on the Service to contain errors or inaccuracies or be incomplete or outdated. The Company does not guarantee the accuracy or completeness of any information found on the Service and reserves the right to update information and correct errors, inaccuracies, or omissions at any time without prior notice.
Content
The Service allows you to post, link to, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
Specifically, you must not:
Post statements or other materials that are in any way libelous or defame; harass; abuse; threaten; intimidate; or, in any other way, infringe on the rights of others; Post or upload personal information, pictures, videos or any other media belonging to another person without their express permission, or anything else that violates the privacy or publicity rights of another person or entity; Post anything that interferes with or disrupts the operation of the Service, including, but not limited to, posting files that contain malware, viruses, corrupted files, or any other type of file or data that may damage the functionality of another’s computer or the Service; Repeatedly post the same message or similar messages within an unreasonable timeframe; Delete or revise any material from the Service posted by another user or the Company, without the express written permission of the Company; Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction; Post statements or other materials that are bigoted, hateful, racist, vulgar, obscene, pornographic, profane or otherwise objectionable, including language and images; Post statements or materials that in any way could harm minor children; Post statements or materials that impersonate another person or entity, whether actual or fictitious; Post statements or materials that in any way misrepresent your affiliation with any entity, including, but not limited to, the Company; Post statements or materials that constitute spam or unauthorized advertising or promotional materials, including, but not limited to, links to commercial products or services; Post material that infringes or may infringe on any copyright, patent, trademark, trade secret, or other intellectual or property rights of any party that you are not authorized to make available. The Company has the right, but not the obligation, to monitor and edit all Content provided by users. Please be aware that the Company can remove any material posted by a user that it finds, in its sole discretion, to be objectionable, with or without notice to said user. Any user failing to comply with these guidelines may be expelled from and refused continued access to forums maintained by the Company in the future. The Company expressly disclaims any and all responsibility and makes no representations as to the validity of any opinion, advice, information or statements made or displayed in forums by third parties, nor is the Company responsible for any errors or omissions in any such postings or for hyperlinks embedded in any message.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it), and/or you have the right to use it and the right to grant the Company the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service, you grant the Company the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. In addition, Content found on or through this Service is the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from the Company.
Accounts
When you create an account with the Company, you warrant and guarantee that you are above the age of 18 and that the information you provide the Company is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account and/or access to the Service. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You agree that you will not use the Service in a manner that is inconsistent with the rights and restrictions as set forth in this Terms of Service.
You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is for our Service or a third-party service. You must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or one not lawfully available for use, a name or trademark subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. If you choose to communicate with or meet other users of the Service, associated content or forums, you do so entirely at your own risk. You hereby understand and acknowledge that there are risks involved with meeting people in person from an online community, including, but not limited to, risks of physical harm. You assume any and all risks associated with in-person contact with other users outside of the use of the Service and associated content and forums.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. The Company’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. The Service and its original content may not be reproduced, transmitted or distributed without the prior written consent of the Company. The Company respects the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via e-mail to getstarted@SunshineRealtyPros.com, with the subject line “Copyright Infringement” and include a description of the alleged Infringement as detailed below under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit notification of a claim of copyright infringement, pursuant to the Digital Millennium Copyright Act (DMCA), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest; a description of the copyrighted work that you claim has been infringed, including an URL for or copy of the copyrighted work; identification of the URL or other specific location on the Service where the material that you claim is infringing is located; your address, telephone number, and e-mail address; 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; a statement by you, made under penalty of perjury, that the information provided in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You can contact our Copyright Agent via via e-mail at getstarted@SunshineRealtyPros.com or by mail 147 W. Lyman Ave Winter Park, FL 32789.
Disclaimer – Links to Third-Party Web Sites
Some links on the Service will direct you to a third-party website (“Linked Site”). The Company may provide such links as a convenience. You understand and acknowledge that the Company does not control such a Linked Site or its contents. The Company is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services, or other materials on or available from a Linked Site. You acknowledge and agree that the Company shall not be responsible or liable, either directly or indirectly, for any and all damage or loss caused or allegedly caused by or in connection with the use of any of the links, content, goods or services available via a Linked Site. The Company’s inclusion of a link to a Linked Site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Termination
The Company may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless the Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation of Liability
In no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us at getstarted@SunshineRealtyPros.com or by mail 147 W. Lyman Ave Winter Park, FL 32789.