Terms of Service

0. SEED / review banner (not published)

This is a SEED draft prepared for Jeremy Parks to review and redline. It is not legal advice and is not the final published text. Mike Palmer (operator) does not hold a JD or a real estate license and cannot clear regulated content. Every clause tagged with a reviewMarker below requires Jeremy's affirmative decision or counsel sign-off before publication (project rule P3). Inline [REVIEW] markers, citations, and this banner are stripped before the text goes live at /legal/terms.

1. Acceptance of these Terms

These Terms of Service ("Terms") govern your use of the website at jeremyparksrealestate.com and any subdomains (the "Site"), operated by Jeremy Parks Real Estate Company, LLC, a Florida limited liability company ("we," "us," or "our"). By accessing or using the Site, or by submitting any form on the Site, you agree to these Terms. In particular, when you check the box stating that you have read and agree to these Terms and our Privacy Policy and then submit a form, you expressly agree to these Terms, and that checked box is your electronic signature. If you do not agree, do not use the Site. These Terms were last updated on [REVIEW: insert publication date]. We are a licensed Florida real estate brokerage; the broker of record is Jeremy Parks, Florida Real Estate Broker, license #BK3394001. (Grounding: Fla. Stat. 668.50(7) — an agreement is not denied legal effect solely because it is accepted electronically.)

2. Electronic records and communications consent (Florida UETA)

You agree that we may conduct our interactions with you through the Site by electronic means and that these Terms, any notices we provide through the Site, and any information you submit through a Site form are electronic records under Florida's Uniform Electronic Transaction Act, Fla. Stat. 668.50. You agree to transact with us electronically; this consent applies only to use of the Site and does not obligate you to conduct any other dealing with us electronically, and you may withdraw it for future Site transactions by contacting us. Because these Terms can be viewed, printed, and saved from the Site, they are provided to you in a form capable of retention. An electronic record or electronic signature will not be denied legal effect solely because it is electronic, and your interaction with the Site's contact form (an automated process) can form a binding agreement to these Terms. (Grounding: Fla. Stat. 668.50(5)(b)-(c) consent to transact electronically and the non-waivable right to refuse electronic dealings for other transactions; 668.50(8)(a) e-record capable of retention satisfies any "in writing" requirement; 668.50(7) legal effect of e-records/e-signatures; 668.50(14) contract formation by interaction with an electronic agent.)

3. The Site is informational; no brokerage relationship is created by use

The Site is provided for general informational and marketing purposes only. Real estate brokerage services, property showings, and representation are performed offline under separate written agreements specific to each engagement. Using the Site, browsing listings, or submitting a contact form does not by itself create any brokerage, agency, fiduciary, or representation relationship between you and Jeremy Parks Real Estate Company, LLC, and does not make you a client. A brokerage relationship is formed only under a separate written agreement and the brokerage-relationship disclosure required by Florida law. See our Brokerage Relationship Disclosure at /legal/brokerage-relationship. (Grounding: cross-reference to the Ch. 475 brokerage-relationship seed draft; this clause itself is a website-scope statement, not the statutory disclosure.)

4. No warranty for property, listing, and market information

Where the Site presents information about properties, neighborhoods, prices, square footage, lot size, taxes, schools, market trends, or similar matters, that information is provided as a general guide and may be drawn from public records or third-party sources. It may contain errors or omissions, may be out of date, and is not a substitute for professional advice or formal disclosure. Photographs may not depict current condition. Market statistics are not a prediction or guarantee of future results. All such information is deemed reliable but is not guaranteed, and you should independently verify any fact with us, the seller, public records, or appropriate professionals (inspector, surveyor, attorney, lender, appraiser) before relying on it. If and when the Site later displays MLS/IDX listing data, additional MLS data disclaimers and attributions will apply. We make these statements as good-faith disclosures and do not intend any representation on the Site to be unfair, deceptive, or misleading. (Grounding: Fla. Stat. 501.204 — we affirmatively avoid unfair or deceptive acts; this clause is a substantiation/accuracy disclaimer, not a waiver of consumer protections.)

5. Permitted use and restrictions

We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your personal, non-commercial use. You may not: (a) scrape, crawl, spider, harvest, or bulk-download Site content, or use the Site's data to build a derivative listing site, train a machine-learning model, or republish elsewhere; (b) use the Site or any form to transmit spam, phishing, or unsolicited commercial messages; (c) impersonate any person or misstate your affiliation; (d) interfere with the Site's security or operation, introduce malware, or attempt unauthorized access; or (e) use the Site to violate any law, including the federal Fair Housing Act and the Florida Fair Housing Act. We may suspend or terminate access for any user we reasonably believe is violating these Terms.

6. Intellectual property

All content on the Site — text, photography, design, layout, the Jeremy Parks brand, house mark, logos, and underlying code — is owned by Jeremy Parks Real Estate Company, LLC or its licensors and is protected by United States copyright, trademark, and related laws. Except for the limited personal-use license in Section 5, no content may be copied, distributed, modified, or used for any commercial purpose without our prior written consent. Third-party trademarks (including the REALTOR mark and any MLS marks) belong to their respective owners. If you believe content on the Site infringes your copyright, please follow the procedure on our DMCA Notice page at /legal/dmca.

7. Honest reviews permitted; no gag clause (Consumer Review Fairness Act)

Nothing in these Terms restricts, prohibits, or penalizes you from posting honest, lawful reviews, ratings, or other assessments of us or our services, whether in writing, orally, or pictorially, including by electronic means. We do not require you to transfer to us any intellectual-property rights in your review content (beyond a non-exclusive license to display it where you have chosen to share it with us). Any provision that would purport to do otherwise is void. This Section does not affect: (a) your liability under defamation, libel, or slander law for false statements of fact; (b) any duty of confidentiality imposed by law or by a separate agreement you sign with us; or (c) our right to remove or decline to display, on pages we control, review content that contains another person's private information, is libelous, harassing, obscene, or otherwise inappropriate, is unrelated to our services, is clearly false or misleading, or is unlawful. (Grounding: 15 U.S.C. 45b(b)(1) voids gag, penalty, and IP-transfer clauses; 45b(b)(2)(B) preserves defamation actions; 45b(b)(2)(A) preserves legal confidentiality duties; 45b(b)(2)(C) preserves the host's right to remove enumerated content; 45b(c) makes offering a void clause unlawful, so we affirmatively include no such clause.)

8. Contact forms, leads, and communications

When you submit a contact, lead, or booking form, you authorize us to respond to your inquiry by [REVIEW: phone, email, and/or text — confirm acceptable channels] using the contact details you provide. We do not sell your information. How we collect, use, and retain submitted information is described in our Privacy Policy at /legal/privacy. By submitting a form you confirm that the information you provide is accurate and that you are authorized to provide it. (Grounding: Fla. Stat. 668.50(8)(a) and (14) — the submitted form is an electronic record and may form an agreement to be contacted; consent details belong in the Privacy Policy and any required messaging-consent text.)

9. Third-party content and links

The Site may link to or embed third-party services (for example, an appointment-scheduling provider, social media profiles, or MLS/IDX portals). We do not control and are not responsible for the content, security, accuracy, or practices of those third parties. Your use of any third-party service is at your own risk and is governed by that third party's terms and privacy policy.

10. Disclaimers ("as is")

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of harmful components, and we are not responsible for problems arising from your device, browser, or internet service. Nothing in this Section or these Terms limits, disclaims, or waives any right or remedy you have under the Florida Deceptive and Unfair Trade Practices Act (Fla. Stat. 501.201 et seq.) or any other Florida or federal consumer-protection right that cannot be waived under applicable law, and to the extent any provision conflicts with such a protection, that protection controls. (Grounding: consumer-protection rights that cannot be waived under applicable law are preserved, including under FDUTPA, Fla. Stat. 501.201 et seq.; deceptive acts are prohibited by 501.204.)

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SITE, UNDER ANY THEORY, WILL NOT EXCEED [REVIEW: ONE HUNDRED U.S. DOLLARS ($100) — confirm cap amount]. WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY. These limitations do not apply to: (i) our gross negligence or willful misconduct; (ii) any liability that cannot be limited under applicable Florida law, including under FDUTPA (Fla. Stat. 501.201 et seq.); or (iii) any liability under a separate signed brokerage-representation agreement, which is governed by that agreement and by Jeremy's professional obligations, not by these website Terms. (Grounding: consumer remedies that cannot be waived under applicable law are preserved; FDUTPA's prohibition on deceptive acts is at Fla. Stat. 501.204.)

12. Indemnification

[REVIEW: keep or remove — optional for a small marketing site.] You agree to indemnify and hold harmless Jeremy Parks Real Estate Company, LLC and its members, employees, and agents from any third-party claim, including reasonable attorneys' fees, arising from (a) your violation of these Terms, (b) your violation of any law, or (c) content you submit through the Site. This indemnity does not extend to any matter caused by our own gross negligence or willful misconduct, and does not waive any non-waivable consumer protection.

13. Governing law and venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute arising from these Terms or your use of the Site will be brought exclusively in the state or federal courts located in [REVIEW: Pinellas County (St. Petersburg office) OR Marion County (Ocala) — Jeremy to choose the brokerage's home venue], and you consent to the personal jurisdiction of those courts. Nothing in this Section limits any right a Florida resident has to bring an action permitted by Florida consumer-protection law, or any enforcement action available to the Florida Attorney General or the Federal Trade Commission. (Grounding: Florida governing law is Jeremy's home jurisdiction; FDUTPA/CRFA public-enforcement rights are noted as not foreclosed — see 15 U.S.C. 45b(d)-(e).)

14. Changes to these Terms

We may update these Terms from time to time. The "last updated" date will reflect the most recent change, and continued use of the Site after a change means you accept the updated Terms. If a change is material, we will give reasonable notice, such as a banner on the Site. Because updated Terms remain available on the Site to view, print, and save, they are provided in a form capable of retention. (Grounding: Fla. Stat. 668.50(8)(a) retention.)

15. Severability and entire agreement

If any provision of these Terms is held unenforceable, the remaining provisions stay in effect and the unenforceable provision is modified to the minimum extent needed to be enforceable while preserving its intent. (As required by the Consumer Review Fairness Act, any provision that would impede a lawful consumer review is void from inception and severed, without affecting the rest of these Terms.) These Terms, together with our Privacy Policy, Brokerage Relationship Disclosure, Accessibility Statement, and DMCA Notice, are the entire agreement between you and us about your use of the Site, and do not supersede any separate signed agreement governing brokerage services. (Grounding: 15 U.S.C. 45b(b)(1) void-from-inception severance.)

16. Contact

Questions about these Terms: Jeremy Parks Real Estate Company, LLC. Email: [REVIEW: jeremy@jeremyparksrealestate.com, or a dedicated legal@ alias]. Phone: (352) 362-7564. Mailing address: [REVIEW: include FREC-registered office address, yes/no]. Service area: St. Petersburg/Tampa (Hillsborough and Pinellas counties) and Ocala (Marion county). [REVIEW: confirm three-county service area wording for public copy.]

Sources: Fla. Stat. 668.50 (UETA) — 668.50(5)(b) parties must agree to transact electronically and may refuse for other transactions (non-waivable); 668.50(7) e-records/e-signatures/e-contracts not denied legal effect for being electronic; 668.50(8)(a) e-record capable of retention satisfies any 'in writing' requirement; 668.50(14) contract formation by interaction with an electronic agent. Source: c:/World/JeremyParksRealEstate/docs/compliance/sources-collected/fla-stat-668-50.md · Fla. Stat. 501.204 (FDUTPA) — 501.204(1) unfair methods of competition and unfair/deceptive acts in trade or commerce are unlawful; 501.204(2) construed with great weight given to FTC and federal-court interpretations of FTC Act 5(a)(1). Used for the avoid-deception accuracy disclaimers and the non-waivable consumer-protection carve-outs. Source: c:/World/JeremyParksRealEstate/docs/compliance/sources-collected/f-s-501-204.md · 15 U.S.C. 45b (Consumer Review Fairness Act of 2016) — 45b(b)(1)(A)-(C) voids form-contract clauses that bar/penalize covered communications (reviews) or force transfer of IP in review content; 45b(b)(2)(A)-(C) preserves legal confidentiality duties, defamation/libel/slander actions, and the host's right to remove enumerated content; 45b(c) makes offering a void clause unlawful. Source: c:/World/JeremyParksRealEstate/docs/compliance/sources-collected/15-u-s-c-45b-consumer-review-fairness-act-of-2016.md · Cross-references (not the grounding law, structural only): existing seed at c:/World/JeremyParksRealEstate/docs/compliance/terms-of-service.md; brokerage-relationship seed at c:/World/JeremyParksRealEstate/docs/compliance/brokerage-relationship.md; contact form at c:/World/JeremyParksRealEstate/astro-site/src/pages/contact.astro (posts to /api/contact; already shows Terms/Privacy consent text and links to /legal/terms).