Terms of Service — Diane Vespucci Realtor® (RE/MAX 100 Realty)

Effective date: August 13, 2025

These Terms of Service (“Terms”) govern your access to and use of this website and related services (collectively, the “Services”). By using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Services.

Who we are: Diane Vespucci Realtor®, Brokered By RE/MAX 100 Realty, Florida License # BK3122290. Office: 1670 US Highway 1 South, Saint Augustine, FL 32084. Phone: (904) 347-3957. Email: dianevespucci@gmail.com.

1) Scope, Eligibility & Changes

• Scope: These Terms apply to all visitors and users of our site, forms, listings search, contact tools, email/SMS programs, and any content we provide.
• Eligibility: You must be at least 18 and able to form a binding contract to use the Services.
• Updates: We may revise these Terms at any time. Continued use after posting means you accept the changes. Material updates will be posted on this page with a new “Effective date.”

2) Brokerage Relationship & Disclosures (Florida)

• Contacting us or viewing our site does not create an agency relationship. In Florida, licensees typically operate as transaction brokers unless a different relationship is established in writing. We will provide and review the appropriate brokerage relationship disclosures as required by Florida law.
• We do not represent you as your agent unless and until we both sign a written agreement defining that relationship.
• All real estate information is subject to errors, omissions, prior sale, withdrawal, or change without notice. Equal Housing Opportunity.

3) No Legal, Tax, or Financial Advice

The Services are provided for general informational purposes. We do not provide legal, tax, accounting, investment, or insurance advice. You should consult your own advisors before making any decision related to financing, taxes, title, or legal matters.

4) Your Use of the Services

• Accurate info: You agree to provide accurate, current information in any inquiry or account creation.
• Lawful use: Do not use the Services for unlawful, fraudulent, defamatory, or harassing purposes, or to scrape, copy, or misuse listing data.
• Accounts: If accounts or saved searches are offered, safeguard your login. You are responsible for activities under your credentials.
• User content: You grant us a non-exclusive license to use content you submit (e.g., inquiries/reviews) to operate and improve the Services.

5) Email & SMS/Text Communications

• Consent: By providing your email or mobile number and opting in, you authorize us to send messages about listings, showings, market updates, and services. Consent is not a condition of purchase.
• Email (CAN-SPAM): Marketing emails include our sender identity and physical address and provide an Unsubscribe mechanism. You can also email dianevespucci@gmail.com with “Unsubscribe.”
• SMS (TCPA/CTIA): To opt out of texts, reply STOP (or END, QUIT, CANCEL). For help, reply HELP or contact us at dianevespucci@gmail.com. Message frequency varies; message/data rates may apply. Carriers are not liable for delayed/undelivered messages.
• Do Not Call: We honor Do Not Call rules for telemarketing. Informational messages related to your requests may still be sent.
• For details, see our Privacy Policy.

6) Market Data, IDX/MLS Content & Third-Party Links

• IDX/MLS data: Listing information is provided for consumer, non-commercial use only and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. All data is deemed reliable but is not guaranteed and is subject to change.
• No reproduction: You may not copy, aggregate, or redistribute listing data without written permission from the applicable MLS and rights holders.
• Third-party sites: Our site may link to external websites (lenders, inspectors, schools, portals). We are not responsible for their content or privacy practices.

7) Intellectual Property

• The Services, including text, graphics, logos, photos, and software, are owned by us or our licensors and protected by law.
• We grant you a limited, revocable, non-transferable license to access and use the site for personal, non-commercial property search. Any other use is prohibited without our prior written consent.
• Trademarks, including RE/MAX® and related marks, are the property of their respective owners and used with permission where applicable.

8) Prohibited Activities

• Automated scraping/crawling of listing data without permission.
• Reverse engineering, interfering with security, or attempting unauthorized access.
• Uploading malware or content that infringes rights or violates law.
• Misrepresenting your identity or affiliation with any person or entity.

9) Accessibility & Equal Housing

• Equal Housing: We support the principles of the Fair Housing Act and equal opportunity housing. We do not discriminate based on protected characteristics.
• Accessibility: We strive to make our site accessible. If you encounter barriers, contact us at dianevespucci@gmail.com or (904) 347-3957.

10) Disclaimers

The Services are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, current, complete, or secure. Real-estate market conditions change rapidly; verify all information independently.

11) Limitation of Liability

To the maximum extent permitted by law, we and our affiliates, brokers, agents, licensors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, data, or goodwill, arising from or related to your use of the Services, even if advised of the possibility. Our total liability for any claim will not exceed one hundred U.S. dollars (US$100) or the amount you paid us for Services giving rise to the claim, whichever is greater.

12) Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates, brokers, agents, and service providers from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your content, or your violation of these Terms or applicable law.

13) Governing Law & Dispute Resolution

• These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules.
• Venue: State or federal courts located in St. Johns County, Florida shall have exclusive jurisdiction. You consent to personal jurisdiction and waive objections to venue.
• Before filing suit, the parties will attempt in good faith to resolve disputes informally within 30 days after written notice.

14) Termination & Miscellaneous

• We may suspend or terminate access to the Services at any time, with or without cause.
• If any provision is found unenforceable, the remaining provisions remain in effect.
• No waiver of any term shall be a further or continuing waiver of such term or any other term.
• You may not assign these Terms without our consent; we may assign them as part of a business transfer.
• These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Services.