Terms & Conditions, Privacy Policies, and Disclaimers
Last updated: September 23, 2026
Thank you for visiting our website www.fltcpros.com (the “Website”). These Terms & Conditions, Privacy Policies, and Disclaimers (the “Terms of Use”) constitute a binding agreement entered into by and between Florida TC Pros LLC, a Florida limited liability company (“Florida TC Pros”, “We”, “Us”, and/or “Our”), and you (“You” or “Your”). The following sections delineate the terms and conditions governing Your access to and utilization of the Website, including all content, functionality, and services provided herein. In addition, the Terms of Use contains service level disclaimers applicable once Florida TC Pros is retained (in particular, upon utilizing Our services, You agree to be bound by Sections 20 and 26, which limit Our liability). Please thoroughly review these Terms of Use prior to accessing or continuing to use the Website and upon retention of Florida TC Pros. By accessing or using Our Website, You affirm that You have read, understood, and agree to be bound by these Policies. Should You disagree with any provision herein, You are expressly prohibited from accessing or using the Website. If You disagree with, and/or do not wish to be bound by, the service level disclaimers You should refrain from engaging Us. In addition, by submitting File information, engaging Florida TC Pros’s services, or otherwise retaining Florida TC Pros through any Trackable Communication (defined below), You likewise affirm that You have read, understood, and agree to be bound by these Terms of Use, whether or not You separately accessed this Website to do so.
1. Acceptance of the Terms of Use
Your use of this Website signifies Your acceptance and agreement to comply with these Terms of Use. Should You not agree to these terms, You must immediately discontinue use of the Website. The Website is not directed to children under 13, and We do not knowingly collect personal information from children under 13. If We learn We have collected personal information from a child under 13, We will delete it. If You are 13–16, do not use the Website where applicable law requires opt-in consent for sale/share/targeted advertising unless such consent has been validly obtained. Further, though we employ industry-standard security measures, no method of electronic transmission or storage is entirely secure. Should You have concerns regarding the security of Your information, we invite You to contact us directly at the email provided at the bottom.
2. Modifications to the Website
We reserve the right, at Our sole discretion and without prior notice, to withdraw, amend, or otherwise modify the Website or any service or material provided on the Website. We shall bear no liability should any part of the Website be unavailable at any time or for any period. Access to portions of the Website may be restricted periodically. We use commercially reasonable efforts to maintain availability but may schedule maintenance and updates. We are not liable for interruptions except where mandated by applicable law.
3. User Responsibilities
You are responsible for ensuring the adequacy of arrangements required to access the Website and for ensuring that all individuals accessing the Website through Your internet connection are cognizant of and comply with these Terms of Use. To access specific resources, You may be required to provide registration details or other information. You affirm that all information furnished by You is accurate, current, and complete, and consent to Our use of Your information in accordance with these Terms of Use and/or the indicated basis for their submission.
4. Privacy Policies
These Sections 4-8 (“Privacy Policies”) specify the types of information We may collect from You or that You may provide when visiting or interacting with the Website, as well as Our practices for collecting, using, maintaining, safeguarding, and disclosing such information. These Privacy Policies apply to information collected online via this Website and through electronic communications between You and the Website. These Privacy Policies also apply to information collected or provided through any other Trackable Communication (defined below) between You and Florida TC Pros in connection with the services. It does not apply to information collected offline through means other than a Trackable Communication, on other websites operated by Florida TC Pros or third-parties, or through any other application or content that may link to or be accessible from the Website. We may collect information directly from You or automatically through Your use of the Website. Such information includes, but is not limited to:
Your name, telephone number(s), address, and email.
The name(s), telephone number(s), and email(s) of Your brokerage.
The name(s), telephone number(s), and email(s) of Your agents.
The name(s), telephone number(s), and email(s) of Your Market Center Administrator (“MCA”).
Your business operational preferences.
The property address of third-parties.
The association information of third-party property(ies) and/or community(ies).
The name(s), email(s), telephone number(s) of third-party vendors or associations associated with a particular transaction.
Personal information of third-parties relating to closing real estate transactions, including buyer and seller personal information and broker personal information.
Your and/or third-parties’ contractual information such as commission rates, referral statuses, and progression of real estate transactions
Electronic copies of Your and/or third-parties’ real estate transaction contracts and ancillary documents.
Additional third-party information as detailed on the Website
Details regarding Your internet connection, access equipment, and usage patterns.
Please note, You specifically agree and confirm that You have the necessary rights and authority to submit any third-party information, including, but not limited to, contractual documents, personal information, or service information, through Our Website. This includes the authorization from Your clients for Florida TC Pros to contact and/or email them. Additionally, You agree to indemnify and hold harmless Florida TC Pros with regards the lack of authorization and/or the submission of any third-party information, including, but not limited to, contractual documentation, personal information, or service information, pursuant to the indemnification clause contained in these Policies. For the avoidance of doubt, if You do not have permission to disclose/authorize, and thereby submit, third-party information, including, but not limited to, contractual documentation, personal information, or service information, and/or are unsure if You have the right to disclose, and thereby submit, do not submit said information and/or documentation. Do not submit any confidential, proprietary, contractual documentation, service information, or personal information via Our Website that You do not want to be utilized per these Terms of Use, Our services, or any of Our other policies. Further, You represent and warrant that: (a) You have provided all notices and obtained all consents required by law to disclose third-party personal information and contractual documents to Us; (b) Your disclosure and Our processing are consistent with applicable brokerage policies and agreements; and (c) You will not upload special categories of data beyond what is necessary to manage the transaction. We will not discriminate against you for exercising your privacy rights.
5. Methods of Information Collection
Information may be obtained through forms completed on the Website, correspondence, transactions, and through automated technologies. Certain content or applications may be furnished by third-parties utilizing tracking technologies to collect information. We do not exercise control over third-party tracking technologies and disclaim responsibility for their use of your information. The method of information We collect on or through Our Website may include:
Information that You provide by filling in forms on Our Website, by submitting requests for new file services, registration, or requesting to contact Us via Our Website.
We may also ask You for information when You report a problem with Our Website.
Records and copies of Your correspondence (including email addresses), if You contact Us.
Details of transactions You carry out through Our Website and of the fulfillment of Your requests.
By utilizing, accessing, and/or interacting with Our Website, We and/or Our Website service provider(s) may use automatic data collection technologies to collect certain information about the equipment You are using, Your browsing actions, and Your patterns, including details of visits to Our Website and other communication data and the resources that You access and use on the Website. As well as information about Your computer and internet connection, including Your IP address, operating system, and browser type. The information We collect automatically may include personal information or We may maintain it or associate it with personal information We collect in other ways or receive from third-parties. This collection of data is meant to help Us improve Our Website and to deliver a better and more functional service, including by enabling Us to estimate usage size and patterns, store preferences, speed up searches, and/or recognize You when You return to Our Website. The technologies We may use for this automatic data collection include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of Your computer. You may refuse to accept browser cookies by activating the appropriate setting on Your browser. However, if You select this setting You may be unable to access certain parts of Our Website. Unless You have adjusted Your browser settings so that it will refuse cookies, Our system will issue cookies when You direct your browser to Our Website.
Flash Cookies. We do not currently use Flash cookies. If we enable technologies of this type in the future, we will update this Policy and provide required notices.
Web Beacons. Pages of Our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Florida TC Pros, for example, to count users who have visited those pages and to collect other related Website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Some content or applications, including form submissions, on Our Website are served by third-parties, including content providers and/or application providers. These third-parties may use tracking technologies to collect information about You when You use Our Website. The information they collect may be associated with Your personal information and service information or they may collect information, including personal information, about Your online activities over time and across different websites and other online services. They may use this information to provide You with interest-based (behavioral) advertising or other targeted content. We do not control these third-parties’ tracking technologies or how they may be used. If You have any questions about an advertisement or other targeted content, You should contact the responsible provider directly.
6. Use of Collected Information
Information collected about You is utilized to present the Website and its contents, fulfill requested services or information, honor contractual obligations, provide notifications of changes, and for any other purposes described at the time of submission or with your consent. We may further use Your information to enhance Website functionality and user experience.
7. Disclosure of Your Information
We may disclose aggregated information regarding Our users without restriction. Personal and service information may be disclosed to affiliates, contractors, service providers, third-parties ancillary to the services requested, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Florida TC Pros’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal and service information held by Florida TC Pros is among the assets transferred, and as otherwise described in these Terms of Use. We may also disclose Your personal or service information and/or contractual documentation:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply the terms of Our service agreements and other agreements, including for billing and collection purposes.
If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Florida TC Pros, Our staff, or others. Important Disclaimer: While we endeavor to safeguard Your information, We cannot guarantee the security of data transmitted to the Website. Any transmission occurs at Your own risk. Except where required by applicable law, We disclaim liability for unauthorized disclosure, loss, or misuse of your information.
8. Control Over Your Information
You may exercise certain options to control your information, such as refusing cookies in your browser settings and opting out of promotional emails. We have created mechanisms to provide You with the following control over Your information:
Tracking Technologies and Advertising. You can set Your browser to refuse all or some browser cookies, or to alert You when cookies are being sent. If You disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Promotional Offers from Florida TC Pros. If We have sent You a promotional email, You may send Us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to Florida TC Pros as a result of a service request.
We do not control third-parties’ collection or use of Your information to serve interest-based advertising. However, these third-parties may provide You with ways to choose not to have Your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.
Notice for California Residents: If you reside in California, you may possess additional rights regarding your personal information under relevant state law.
Data Retention: We retain each category of personal information for as long as reasonably necessary to fulfill the purposes disclosed, including to provide services, meet legal obligations, resolve disputes, and enforce agreements. We retain operational records and transaction files in accordance with Our standard operating procedures and as required by law.
Sale/Share/Targeted Advertising: We do not sell personal information or share it for cross-context behavioral advertising/targeted advertising. We do not use or disclose sensitive personal information for purposes other than those permitted by law and/or in furtherance of the services ultimately requested.
Your Privacy Rights: Subject to applicable law, You may request: access, correction, deletion, portability, and to opt out of sale/share/targeted advertising. To exercise rights, email admin@fltcpros.com. We will verify requests, respond within a reasonable period as required by applicable law, and provide a process if We deny your request. We will not discriminate for exercising Your rights.
Authorized Agents: You may designate an authorized agent to act on Your behalf subject to verification.
Security: We implement reasonable and appropriate administrative, technical, and physical safeguards designed to protect personal information. In the event of a security incident affecting personal information, we will investigate promptly and notify affected individuals as required by applicable law.
Trackable Communication: “Trackable Communication” means any communication in written or electronically recorded form through which File information, instructions, or documents are submitted to, or exchanged with, Florida TC Pros, whether through the Website intake form or otherwise. Florida TC Pros relies and acts only on Trackable Communications. If the Agent or a third party communicates instructions or information verbally or through any other non-trackable means, the Agent is responsible for promptly confirming the same in a Trackable Communication, and Florida TC Pros has no obligation to act upon, and no liability for any failure to act upon, information or instructions that were not confirmed in a Trackable Communication.
9. Intellectual Property Rights
All content on the Website, including but not limited to information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, is either owned by or licensed to Florida TC Pros and protected by United States and/or international laws concerning copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights. You may use the Website solely for Your personal, non-commercial purposes as expressly permitted under these Terms of Use. Any other use is strictly prohibited and may result in termination of access to the Website. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
You may store files that are automatically cached by Your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
Modify copies of any materials from this Website
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these terms, Your right to use the Website will stop immediately, and You must, at Our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by Florida TC Pros. Any use of the Website not expressly permitted by these Policies is considered a material breach and may violate copyright, trademark, and other laws.
10. Proprietary Logos, Names, Trademarks, and Copyrights
All names, logos, product and service names, designs, and slogans are proprietary to Florida TC Pros or its licensors. Unauthorized use of such intellectual property is prohibited without prior written consent. If you believe content infringes your copyright, send a notice to admin@fltcpros.com including: (i) signature, (ii) identification of work and material, (iii) contact info, (iv) good-faith statement, (v) accuracy and authority statement. We may remove content and terminate repeat infringers
11. Prohibited Uses
You may utilize the Website solely for lawful purposes and in accordance with these Terms of Use. Prohibited uses include, but are not limited to:
Violations of any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purposes of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
Sending, knowingly receiving, uploading, downloading, using, or re-using any material that does not comply with the content standards herein.
Transmitting, or procuring the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
Impersonating or attempting to impersonate Florida TC Pros, a Florida TC Pros’s employee or agent, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Us, may harm Florida TC Pros or users of the Website, or expose them to liability.
Using Our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of Our Website, including their ability to engage in real-time activities through Our Website.
Using any robot, spider, or other automatic device, process, or means to access Our Website for any purpose, including monitoring or copying any of the material on the Website.
Using any manual process to monitor or copy any of the material on Our Website, or for any other purpose not expressly authorized herein, without Our prior written consent.
Using any device, software, or routine that interferes with the proper working of Our Website.
Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of Our Website, the server on which Our Website is stored, or any server, computer, or database connected to Our Website.
Attacking Our Website via a denial-of-service attack or a distributed denial-of-service attack.
Violating, or attempting to violate, U.S. export control or sanctions laws, including for or on behalf of any denied or restricted party.
Otherwise, attempting to interfere with the proper working of Our Website.
12. Submission Standards
All submissions via interactive elements of the Website must comply with applicable laws and regulations, and must not contain abusive, offensive, infringing, or otherwise objectionable materials.
13. Reliance on Information Posted
The information presented on or through Our Website is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or by anyone who may be informed of any of its contents.
14. Reliance on Information Submitted; Additional Clarifications & Verifications
You represent and warrant the accuracy and completeness of all information, documents, and instructions submitted to Florida TC Pros, whether through the Website or any other Trackable Communication. Florida TC Pros expressly disclaims liability for reliance on inaccurate or incomplete information provided by You. Florida TC Pros's services consist of using, inputting, and acting upon the information, documents, and instructions exactly as provided by You or on Your behalf, and Florida TC Pros has no duty to independently verify, audit, correct, or cross-check the accuracy, completeness, or authenticity of any information or document received. Florida TC Pros satisfies its obligations to You by accurately using the data as submitted, and is not liable for any error, omission, delay, penalty, or loss that results from an error, omission, or inaccuracy in the information, documents, or instructions as received, regardless of the Trackable Communication through which they were submitted.
Contract/Offer Input Only: Florida TC Pros does not prepare, select, interpret, negotiate, or recommend contract terms, forms, addenda, riders, contingencies, deadlines, or disclosures. Florida TC Pros only types or enters information and terms expressly selected and supplied by the licensed Agent in a Trackable Communication.
No Drafting or Choices by Florida TC Pros: Florida TC Pros will not draft clauses, propose language, or choose between alternative provisions. If a choice is required, the Agent must provide the exact language or selection in a Trackable Communication.
No Legal or Brokerage Judgment: Florida TC Pros does not provide legal, brokerage, tax, or accounting advice and does not explain legal meanings, rights, remedies, or risks. Questions about contract terms, strategy, or negotiations must be directed to the Agent and, where appropriate, to the Agent’s supervising broker or an attorney.
Negotiation and Communications: Florida TC Pros does not negotiate with any counterparty and does not communicate offers, counteroffers, or contract positions except to transmit the exact documents or terms provided by the Agent.
Responsibility and Verification by Agent: The Agent is solely responsible for selecting all forms and terms; ensuring accuracy, completeness, and legal/brokerage compliance; and confirming all deadlines and contingency dates. Florida TC Pros may populate fields and assemble documents solely as instructed but does not review for legal sufficiency, enforceability, or compliance.
Trackable Communication Requirement: All instructions regarding contract terms must be provided and confirmed in a “Trackable Communication” (as defined in these Policies). Florida TC Pros will act only on such confirmed instructions.
UPL Risk Mitigation Statement: Florida TC Pros is not a law firm and does not provide legal services. Nothing provided by Florida TC Pros constitutes legal advice, and no attorney-client relationship is formed. If legal advice is needed to interpret or draft any term, select forms, resolve contingencies, or negotiate terms, consult a licensed attorney.
15. Third-Party Service Providers and Content
The Website may include content provided by third-parties. All statements or opinions expressed in such materials are exclusively those of the provider. Florida TC Pros assumes no responsibility or liability for the content or accuracy of materials provided by third-parties.
16. Online Purchases and Additional Terms
All purchases and transactions conducted through the Website are governed by the service level disclaimers and Pricing (available at https://www.fltcpros.com/pricing/ and referenced herein as the “Pricing Sheet”) which are incorporated by reference into these Terms of Use. Additional terms may apply to specific features or services. Pricing may be updated from time to time, at Florida TC Pros’s discretion. It is Your responsibility to check the Pricing Sheet prior to requesting services of Florida TC Pros.
Closing-Based Transaction Coordination Fees: For services tied to a real estate contract (including Contract to Close, Dual Sided, Vacant Land, and Full Service), the fee is earned only upon, and is due at, the successful closing of the underlying transaction. If the transaction does not close, no fee is earned or due for these closing-based services (subject to “No Fee Guarantee” (defined below)).
Standalone Service Fees: For services not contingent on a closing (including compliance review, listing compliance with MLS Input, and rush add-ons), the fee is earned upon completion and delivery of the applicable work product and is due immediately upon such completion and delivery, regardless of whether any listing sells or any later transaction closes.
Payment Timing Cross-Reference: Payment is due as provided above; selected payment methods (e.g., QuickBooks invoice, Venmo, mailed check, or disbursement authorization at closing) do not defer or change when a fee is earned or becomes due.
No Fee Guarantee: If a real estate contract is canceled and does not close, the corresponding transaction coordination fee is waived in full. The “No Fee Guarantee” applies only to closing-based transaction coordination fees. It does not apply to standalone services that have already been completed and delivered, and it does not waive any fee for a transaction that closes, including one that closes on amended terms.
Payment Methods; Past-Due Balances: The Agent selects a payment method at the time of file submission, which may include QuickBooks invoice, Venmo, mailed check from the Agent, or deduction from the disbursement authorization at closing. Payment is due upon completion of the applicable services as described above. Florida TC Pros does not charge interest on late payments but may recover reasonable collection costs and attorneys’ fees, and may suspend services and revoke access to files and work product for any past-due balance.
Scope of Services; Out-of-Scope Work; Force Majeure: Florida TC Pros will perform only the specific administrative tasks included in the package selected by the Agent. Any task not expressly included is out of scope and, if performed at all, requires a separate written agreement and additional fees. Florida TC Pros provides clerical date-tracking and reminders only and does not guarantee any deadline, contingency period, or closing date; the Agent remains solely responsible for meeting all contractual deadlines and contingencies. To the fullest extent provided by law, Florida TC Pros is not liable for any delay, missed deadline, penalty, or loss caused by: (a) the Agent’s or any party’s late, missing, inaccurate, or incomplete information or documents; (b) the acts or omissions of third parties, including title companies, lenders, co-operating brokers, inspectors, appraisers, HOAs and condominium associations, and government offices; or (c) events outside Florida TC Pros’s reasonable control, including platform or software outages, internet or utility failures, natural disasters, and other events of force majeure.
17. Links to Third-Party Websites
Links to third-party websites are provided solely for Your convenience. We neither control nor accept responsibility for the content or practices of third-party sites. Accessing such sites is undertaken at Your own risk and is subject to their terms of use.
18. Geographic Restrictions
The Website is based in the United States and intended for use by individuals located within the United States. Access from outside the United States is undertaken at your own initiative, and you are responsible for compliance with local laws and regulations. Your information will be processed in the United States. By using the Website, You acknowledge transfer to and processing in the United States, which may have different data protection laws.
19. Disclaimer of Warranties
Content is for informational purposes only and does not constitute legal, brokerage, tax, or accounting advice. We do not undertake to review, verify, or monitor user submissions and disclaim responsibility for errors or omissions therein. You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or Our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, FLORIDA TC PROS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FLORIDA TC PROS NOR ANY PERSON ASSOCIATED WITH FLORIDA TC PROS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FLORIDA TC PROS NOR ANYONE ASSOCIATED WITH FLORIDA TC PROS REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, FLORIDA TC PROS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation of Liability; Limitations Period
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FLORIDA TC PROS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. FLORIDA TC PROS’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, THE WEBSITE, OR THESE TERMS OF USE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY THE AGENT TO FLORIDA TC PROS FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM; PROVIDED THAT, FOR ANY CLAIM NOT ARISING OUT OF A SPECIFIC SERVICE, THE AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY THE AGENT TO FLORIDA TC PROS IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS SECTION 20 STATES THE CONTROLLING AGGREGATE LIABILITY CAP AND GOVERNS OVER ANY DIFFERENT CAP STATED ELSEWHERE IN THESE TERMS OF USE, INCLUDING THE SERVICE LEVEL DISCLAIMERS. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 20 OR ELSEWHERE IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE FLORIDA TC PROS'S LIABILITY TO THE EXTENT SUCH LIABILITY ARISES FROM FLORIDA TC PROS'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Any claim against Florida TC Pros arising out of or relating to the services, the Website, or these Terms of Use must be brought within one (1) year after the event giving rise to it, or it is permanently barred, except where a longer period cannot lawfully be shortened.
21. Indemnification
You agree to defend, indemnify, and hold harmless Florida TC Pros, its affiliates, licensors, and service providers, together with their respective officers, directors, employees, agents, successors, and assigns, from and against any claims, liabilities, damages, judgments, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Policies or your use of the Website. Further, without limiting the foregoing, the Agent will defend, indemnify, and hold harmless the Florida TC Pros Parties from and against any claim, fine, audit, investigation, proceeding, liability, damage, cost, or expense, including reasonable attorneys’ fees, arising out of or relating to: (a) the underlying real estate transaction; (b) any dispute involving a buyer, seller, broker, or other third party; (c) the acts or omissions of the Agent or the Agent’s broker; (d) any DBPR, FREC, or other regulatory inquiry, examination, or audit; (e) the Agent’s lack of authority or consent to disclose third-party information or documents to Florida TC Pros; or (f) the Agent’s breach of these Terms of Use. The indemnification obligations in this Section 21, in Section 4 regarding third-party information, and in the Service Level Disclaimers are cumulative and non-exclusive, and are in addition to and not in limitation of one another.
22. Updates to these Terms of Use
We reserve the right to update these Terms of Use at any time, at our sole discretion. All changes shall take effect immediately upon posting. Your continued use of the Website subsequent to such changes constitutes acceptance thereof. The date of the most recent revision to these Terms of Use will be displayed at the top of this page. You bear responsibility for periodically reviewing the Terms of Use for updates. Please note, We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material. Where these Terms of Use are presented for acceptance as a condition of a file submission, the version accepted at the time of that submission governs the file to which the submission relates, notwithstanding any later amendment to these Terms of Use under this Section 22. Florida TC Pros will retain a record of the version accepted and the date of acceptance for each file.
23. Severability; Waiver
Should any provision of these Terms of Use be deemed invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect. Failure to enforce is not a waiver. If a provision is invalid, it will be enforced to the maximum extent permissible.
These Policies are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. The parties will resolve any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Privacy Policies, the Website, or any services (a “Dispute”) through the following steps, in order: (a) the parties will first attempt in good faith to resolve the Dispute within thirty (30) days after written notice describing the Dispute; (b) if the Dispute is not resolved through negotiation, the parties will submit it to non-binding mediation in Hernando County, Florida, with the mediator’s fees shared equally, before initiating any arbitration or other proceeding; and (c) any Dispute not resolved by mediation shall be finally resolved by binding arbitration on an individual basis administered by the American Arbitration Association under its applicable rules, with the arbitration seated in Hernando County, Florida. Judgment on the arbitration award may be entered in any state or federal court of competent jurisdiction located in Florida, and the parties consent to the exclusive jurisdiction and venue of such courts for the limited purpose of compelling arbitration or enforcing an award. YOU AND FLORIDA TC PROS WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If the waiver of class, collective, or representative actions is found to be unenforceable, then the entirety of the binding arbitration provision shall be null and void, but all other provisions of these Terms of Use, including the governing law, good-faith negotiation, mediation, venue, and jury-trial-waiver provisions, shall remain in full force and effect.
25. Particular State Notices
Some state consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. If Your state offers additional rights that You wish to exercise, please contact us at the email address below.
26. Service Level Disclaimers
If you elect to use Florida TC Pros’s services, You, as the real estate agent responsible for the file (“Agent(s)”), agree and acknowledge that you, the Agent, are ultimately responsible for the underlying real estate transaction. Florida TC Pros is being hired to provide administrative services to assist the Agent in performance of Agent’s duties to its clients. You, the Agent, agree to abide by any and all state and federal laws as applicable to this type of transaction and acknowledge that You, the Agent, are duly licensed by the appropriate entities. Agent agrees that all proper consents for the disclosure of third-party information to Florida TC Pros have been obtained or the same is authorized. For personal information We process to provide services to Agent, We act as a service provider and will process such information only on documented instructions to perform the requested services, implement reasonable security measures, and not sell/share such information. You, the Agent, hereby agree to release Florida TC Pros, and its owners, representatives, employees, personnel, agents, and affiliates (collectively “Florida TC Pros Parties”) from any and all liabilities that may arise by virtue of this real estate transaction, and You further agree to indemnify, defend and hold the Florida TC Pros Parties harmless from all claims, damages, costs, disputes, litigation, judgments, and attorneys’ fees that may arise in connection with the transaction, from any incorrect information supplied by You or third-parties to Florida TC Pros, or from any material facts that you or third-parties know but fail to disclose to Florida TC Pros. This release and indemnity apply regardless of the Trackable Communication through which the underlying information, instructions, or documents were submitted to Florida TC Pros, and apply to Florida TC Pros's use of such information, instructions, or documents exactly as provided, without any duty on Florida TC Pros's part to verify or correct them. The exclusions of damages and the aggregate liability cap set forth in Section 20 apply to the services and to these Service Level Disclaimers and control over any different limitation stated elsewhere in this Section.
No Legal or Brokerage Advice: We do not provide legal, tax, accounting, or brokerage advice. Any templates or checklists are provided for convenience only and should not be relied upon as legal advice. You are solely responsible for compliance with brokerage policies and applicable law.
Data Roles; Service Provider Status; Third-Party Platforms: The Agent and the Agent’s broker are the controllers of all personal information and non-public personal information (“NPI”) provided to Florida TC Pros, including Social Security numbers, financial account and routing numbers, and executed contracts, and are responsible for the lawful collection of, consent for, and disclosure of such information, as well as their own data-security and breach-notification obligations. Florida TC Pros processes NPI solely as a service provider on the Agent’s documented instructions to perform the requested services, maintains reasonable administrative, technical, and physical safeguards consistent with the GLBA Safeguards Rule to the extent applicable, and does not sell or share such information. To the fullest extent provided by law, Florida TC Pros is not liable for any breach, loss, corruption, outage, or unauthorized access arising from third-party platforms or software, including intake-form, transaction-management, e-signature, and CRM systems, or from any access obtained despite reasonable safeguards. The Agent shall not transmit NPI beyond what is necessary to manage the applicable transaction.
27. Miscellaneous
These Terms of Use constitute the entire agreement regarding the Website. We may assign these Terms of Use in connection with a merger, acquisition, or asset sale; You may not assign without our consent. Sections that by their nature should survive termination shall survive termination.
28. Contact Information
We are committed to making our Website and privacy tools accessible. If you need assistance or an alternative format, please contact us through our contact page or by email at admin@fltcpros.com.
For questions or comments regarding these Terms of Use or our privacy practices, please contact us through our contact page or by email at admin@fltcpros.com.
