Bylaws, Antitrust, and Policies

THESE TERMS AND CONDITIONS OF SERVICE (“Terms”) are a LEGAL and BINDING

AGREEMENT between YOU and Pinellas Suncoast Association of Realtors, Inc. (doing business as Pinellas Realtor Organization & Central Pasco Realtor Organization) (“Association”) governing your use of this website, https://pinellasrealtor.org/ (“Site”) and will include all social media platforms, websites and intranets owned, managed, and promoted by the Association. Please review these terms fully before you continue to use this or any Site. By using this or any Site or Association managed platforms, you agree to be bound by these Terms. You will also be subject to any additional terms posted with respect to individual sections of the Site and platforms, which also govern your use of the Site and platforms. The additional terms include (without limitation) the Privacy Policy.

If you do not agree to these Terms, you are directed to discontinue using and accessing the Site. The Association reserves the right to change these Terms at any time without prior notice.

Your continued access or use of the Site after such changes indicates your acceptance of the Terms as changed. It is your responsibility to review these Terms regularly. These Terms were adopted on March 14, 2019.

The Site (including its operating source code) is owned by the Association. All the content featured or displayed on the Site, including, but not limited to, advertisements, still images, graphic designs, videos, and text (“Content”) is owned or licensed by the Association.

Your access to (and use of) the Site, all Content, and all products and services of the Association (regardless of media) is subject to the terms, conditions, and disclaimers set forth in these Terms, and to all applicable laws and regulations.

If you are dissatisfied with any of the Content contained in the Site, with the quality of the products or services offered by the Association, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

The Site, and all Content contained on the Site, are protected by United States trademark and copyright law and other applicable laws and are the property of the Association (except as expressly identified on the Site). All copyrights and trademarks which are not the property of the Association that are used (or referred to) in the Site are the property of their owners. Nothing contained in the Site will be construed as granting any license or other rights to any copyright, trademark, patent, or other property of the Association or any third party, whether by implication, laches, estoppel, or explicit grant. The Content is proprietary. Any unauthorized use of Content or other materials on the Site may violate the law and will be a violation of these Terms.

You are solely responsible for any and all acts and omissions that occur during (or relating to) your use of the Site. You agree not to engage in use of the Site that is unacceptable or illegal (as determined by the Association in its sole discretion). Specifically (and without limitation), you agree not to do any of the following things:

1.   Post or transmit material that may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious, or any Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including the Association.
2.   Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site (or its source code).
3.   Remove any copyright, trademark, or other proprietary rights notices contained in the Site, or embedded in (or attached to) any Content.
4.   Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication.
5.   Post or transmit “spam,” unsolicited messages, chain letters, any unauthorized advertisements, solicitations, pyramid schemes, investment opportunities, or other unsolicited commercial communication.
6.   Post or transmit any non-public information about companies.
7.   Express or imply that any statements you make are endorsed by the Association.
8.   Interfere with, disrupt, or attempt to gain unauthorized access to other user accounts on the Site or any other computer network.
9.   Post or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, or other items of a destructive nature or any other malicious code or program.
10.   Restrict or inhibit any other user from using or accessing the Site, including, but not limited to, “hacking” or defacing any portion of the Site.
11.   Engage in any other activity deemed by the Association (in its sole discretion) to be in conflict with the spirit or intent of these Terms.
12.   Reproduce, distribute, modify, re-post on other websites or computer networks, or sell or license any Content.
13.   Frame or mirror any portion of the Site on any other website or computer network.
14.   Engage in data extraction or data mining.
15.   Transfer or store any Content residing or exchanged over the Site in any electronic network for use by more than one user.
16.   Collect or use any information about other users of the Site (whether the information is personally identifiable or aggregated).

By using and accessing the Site, you agree to comply with the following provisions:

1.   To maintain any and all copyright or other proprietary notices embedded in (or attached to) any Content.
2.   To assume full and sole responsibility for any postings or communications you make to the Site or to any user or advertiser of the Site.
3.   To assign to the Association all rights or ownership to any Content that you post or submit to the Site.

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site should be sent to the Association’s designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, you should furnish the following information by notice to the Association’s designated agent:

1.   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2.   A description of the copyrighted work that you claim has been infringed;
3.   A description of where the material that you claim is infringing is located on the Site;
4.   Your address, telephone number, and e-mail address;
5.   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; and
6.   A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The designated agent of the Association for notice of claims of copyright infringement on the Site is its copyright agent, who may be reached as follows:

By Mail:
Pinellas Realtor Organization & Central Pasco Realtor Organization
c/o Powell Carney Maller
200 Central Avenue, Suite 1210
St. Petersburg FL 33701
Attn: James N. Powell, Partner

By E-mail: jnpowell@powellcarneylaw.com

By Fax +1-727-898-9014

The Site (and all Content posted on the Site, or delivered to you from, through, or via the Site) is provided to you “as is” and without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.

THE ASSOCIATION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS

FOR A PARTICULAR PURPOSE. You agree that the Association’s maximum liability arising from any use of the Site under any circumstances will be limited to U.S. $100.00. (Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.)

IN NO EVENT WILL THE ASSOCIATION OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST PROFITS RELATED TO ANY CONTENT LOCATED ON, OR TRANSMITTED TO, THROUGH, OR FROM THIS SITE; OR FOR ANY PRODUCT OR SERVICE OFFERED OR SOLD ON OR THROUGH THIS SITE; OR FOR YOUR RELIANCE ON ANY INFORMATION OR CONTENT THAT IS TRANSMITTED TO, FROM, OR THROUGH THE SITE.

The Association expressly disclaims any responsibility or liability for a user’s violation of these Terms.

The Association is not responsible for any injury, damages or other consequences arising out of the use or misuse of the Content or any information contained on or referred to in the Site.

The Site may permit users to submit ideas, opinions, and other information to a blog (“Blog”) contained on the Site, and to communicate with other users by commenting to their Blog entries and/or by submitting Blog entries in response.

All submissions to the Blog must be original content, created by the user who submits the Blog entry. By submitting text, images, videos, links, or other forms of communication (“Blog Content”) to the Blog, you are warranting to the Association that you are the legal author and owner of such Blog Content, and that you have the legal right to submit such Blog Content for posting on the Site. By submitting Blog Content, you are hereby assigning all your rights and ownership with respect to such Blog Content to the Association.

You agree that if you republish or repost any of your Blog Content (whether on the Internet, on a social media site, in an email, or via any other communication, other than on this Site), such republication or reposting will contain a hyperlink to this Site.

The Association will not have any obligation (whether of confidentiality, attribution, or otherwise) with respect to your Blog Content. The Association will not be liable for any loss or damage caused by your use of any Blog Content, or your reliance on any Blog Content.

The Association may (in its sole discretion) consolidate or edit any Blog Content. The Association reserves the right to monitor the Site and to remove any Blog Content or other information that the Association (in its sole discretion) considers to be inappropriate or unlawful. The exercise of such rights will not create an obligation for the Association to monitor, screen, or edit Blog Content on the Site in any way.

The Site may provide links to other web pages, websites, and various resources or locations on the Internet. The Association has no control over the information you may access via such links, does not endorse that information, and is not responsible for it or for the consequences of your use of that information, or for any content, advertising, products, or other materials on or available from such websites and resources. You acknowledge and agree that the Association will not be responsible or liable for any damage or loss caused (or alleged to have been caused) in connection with your use of (or reliance on) any such linked content, goods, or services available on (or through) any such linked website and resource.

All users will use the Site for lawful purposes only. You agree not to transmit to, from, or through (or by means of) the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability.

Conduct by any user that (in the sole judgment of the Association) restricts or inhibits any other user from using or enjoying the Site will not be permitted. The Association reserves the right (in its sole discretion) to refuse access to the Site to any user for any reason (including, without limitation, a belief that the user has violated these Terms or any of the copyright or trademark laws of the United States).

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE ASSOCIATION RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

This Site takes every precaution to protect our users’ information. When you submit sensitive information through the Site, your information is protected both online and off- line. When a registration/order form asks you for information such as credit card number, the info is encrypted (meaning it’s turned into a mess of useless data) before it leaves your computer. Once it arrives here, we have the code that can sort out the data, and we’re the only ones with the code, which changes constantly. We use the encryption software SSL.

Cookies

A cookie in the Internet world is a piece of data stored on your hard drive that has some connection to a website you visited. It generally contains info about you that makes it easier to visit that site. If you don’t like being recognized, however, you can reject the cookie and remain absolutely anonymous. That may limit your use of a handful of areas on pinellasrealtor.org. In addition, third-party vendors produce some Site services offered by pinellasrealtor.org. In those cases, the independent vendors may also place cookies on your hard drive. Association has no control over third-party cookies.

The Association does not sell, rent, or trade your personal information to third parties, other than with our subsidiaries. We will share aggregated demographic information with our partners and advertisers, but that info isn’t linked to personal information that can identify you. We could tell another company, for example, that 85 percent of pinellasrealtor.org website visitors took a survey and here are the results, but we can’t say that you clicked on a survey.

Association partners with other service providers to provide specific services. When you sign up for these Association-sponsored services, we will share your name or other contact information, as necessary, to the third party that provides these services. Third parties are not allowed to use personally identifiable information except for the purpose of providing these services.

This Site contains links to other sites, but the Association is not responsible for the privacy practices of other sites. If another website asks for personal information, refer to that site’s own privacy policy. The Association’s privacy policy applies solely to information collected by this website.

The Association may request information from users via surveys. Participation in these surveys is voluntary and you may choose whether or not to disclose this information simply by not taking the survey. A survey may ask for information such as a name and address, as well as demographic information, such as your zip code or age.

If you wish to subscribe to our Association email newsletters, we ask for contact information, such as name and e-mail address. Recipients have the opportunity to “opt-out” of having their information used for purposes not directly related to our site at the point where we ask for the information. If you no longer wish to receive our newsletter, for example, you may opt-out of receiving these communications by clicking on unsubscribe in the e-mail communications sent to you by the Association.

Exceptions: Certain types of e-mail correspondence don’t have opt-out capabilities if you’re an active Association member, such as a major breaking news event that affects Florida licensees, e-mails sent to members of a Association committee, billing emails, and other website and service announcements.

You agree to indemnify, defend, and hold harmless the Association and its principals, members, managers, employees, agents, and representatives from and against all losses, expenses, damages, and costs (including attorneys’ fees) resulting from (1) your violation of these Terms or (2) compliance with, or legal matters associated with or arising out of, any subpoena or legal process that relates to you. The Association reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you. In such event, you will fully cooperate with the Association in asserting any available defenses.

Your access to the Site is licensed to you, not sold. This license immediately terminates upon your breach of these Terms. In addition, the Association may terminate this license immediately at
any time, at will and for the convenience of Association. If you do not abide by the disclaimers, limitations, exclusions, or conditions as provided in these Terms, you are not authorized to use the Site.

Any and all disputes (with the exception of copyright claims) arising out of, under, or in connection with these Terms (including without limitation, their validity, interpretation, performance, or breach) will be adjudicated exclusively in the federal or state courts located in (or having jurisdiction over) Pinellas and Central Pasco Counties, in the State of Florida. Copyright claims will be adjudicated exclusively in a federal court located in (or having jurisdiction over) Pinellas and Central Pasco Counties, in the State of Florida. You expressly consent to the jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse Association for its legal fees and expenses of instituting (or defending) a lawsuit against (or by) you. These Terms, and their validity and effect, will be interpreted under and governed by the laws of Florida, without regard to its conflict of law’s provisions.

By your acceptance of these Terms and use of the Site, and as a material condition of such use, you warrant that you are over the age of eighteen (18) and that you have provided accurate and complete information in all your communications with the Association (including, but not limited to, your name, email address and telephone number).

These Terms (and any other operating rules or terms posted on the Site) constitute the entire agreement between you and the Association and supersedes all previous written or oral agreements between us. No action (or inaction) by the Association may be construed as a waiver of these Terms (or any part). If any of the provisions of these Terms are held to be unenforceable by a court having competent jurisdiction, the remainder of these Terms will continue in full force and effect.

You and the Association have agreed to these Terms within the State of Florida, for all purposes. All goods and services that are furnished to you on, to, from, or through the Site are deemed to be furnished within the State of Florida. All such goods and services are being furnished by the Association through its personnel and computer equipment located within the State of Florida.

The Association fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. The Association reserves the right to release information about users whom the Association believes are in violation of these Terms. The Association also reserves the right to report to law enforcement agencies any activities that the Association believes to be unlawful, and the identity of those who intend to harm themselves or others.