Terms of Use
1. Acceptance of Terms
These Public Website Terms of Use (the “Terms”) govern access to and use of the website, curated vendor directory, listings, content, features, tools, communications, and related online services operated by Preferred Marketing Group, LLC (“Company,” “we,” “us,” or “our”) (collectively, the “Website”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, you should not access or use the Website.
These Terms apply to all website users, including consumers, customers, real estate agents, vendors, businesses, advertisers, service providers, and other visitors. Vendors or businesses that purchase paid directory listings may also be subject to separate Vendor Directory Advertising and Marketing Services Terms of Participation, payment terms, and other posted requirements.
2. Purpose of Website; Directory Labels
The Website is provided as a general informational, advertising, and vendor-directory resource. Company may describe the directory as a “curated” vendor directory and may identify certain listings as “Sponsored,” “Featured,” “Paid Directory Participants,” “Participating Advertisers,” “Listed Vendors,” or “Listed Service Providers.” These terms are used for directory organization, advertising disclosure, paid placement, or enhanced visibility only.
The term “curated” means Company may consider lawful, neutral, and commercially reasonable directory criteria in determining whether to list or maintain a vendor, including service category, service area, availability, licensing or registration status where applicable, insurance information where applicable, reputation, user feedback, prior business experience, responsiveness, and suitability for the directory. Such criteria are used for directory administration and advertising-quality purposes only.
Any “Sponsored,” “Featured,” or similar designation means paid advertising placement or enhanced visibility only. No such designation means that Company, any affiliated real estate brokerage, any affiliated real estate licensee, or any real estate agent endorses, recommends, verifies, warrants, guarantees, approves, refers, or requires the use of any listed vendor.
The Website is not intended to create, and shall not be construed as creating, any endorsement, recommendation, verification, warranty, guarantee, approval, referral, preferred-provider status, or required-use arrangement by Company, any affiliated real estate brokerage, any affiliated real estate licensee, or any brokerage representative who shares, references, or provides access to the directory.
3. Changes to Terms or Website
Company may update, modify, suspend, discontinue, rebrand, redesign, or change these Terms, the Website, the directory, listings, categories, search functions, display features, pricing, advertising options, review functionality, or any other feature at any time. Changes to these Terms are effective when posted unless otherwise stated. Continued use of the Website after changes are posted constitutes acceptance of the updated Terms.
4. User Responsibility and Due Diligence
You are solely responsible for your use of the Website and for any decision to contact, hire, pay, rely on, or do business with any listed vendor, business, advertiser, or service provider. You should conduct whatever investigation, review, due diligence, license verification, insurance verification, reference check, complaint review, price comparison, contract review, or other inquiry you deem necessary or appropriate before proceeding with any online or offline transaction with any third party.
Company does not provide legal, compliance, licensing, tax, financial, real estate, construction, insurance, mortgage, title, settlement, escrow, or other professional advice through the Website. Any information made available through the Website is for general informational and advertising purposes only.
5. Vendor Listings and Third-Party Dealings
Any communication, transaction, agreement, payment, service arrangement, estimate, proposal, contract, warranty, representation, delivery of goods or services, dispute, claim, or other dealing between you and any vendor, business, advertiser, service provider, website user, or other third party is solely between you and that third party.
Company and its owners, officers, managers, members, employees, agents, representatives, contractors, affiliates, successors, and assigns do not guarantee, warrant, verify, supervise, control, or assume responsibility for any listed vendor’s services, pricing, availability, licensing, insurance, qualifications, representations, warranties, work quality, performance, acts, omissions, disputes, or dealings with you or any other person.
Company shall not be responsible or liable for any loss, damage, claim, dispute, cost, expense, injury, or other liability arising out of or relating to your use of the Website or your dealings with any listed vendor or third party. If a dispute arises between you and any listed vendor or other third party, Company has no obligation to become involved, mediate, investigate, resolve, participate in, or otherwise respond to the dispute.
6. No Endorsement, No Required Use, and Consumer Choice
Inclusion of any vendor, business, advertiser, or service provider on the Website, including as a curated, sponsored, featured, paid, or listed vendor, does not constitute an endorsement, recommendation, verification, warranty, guarantee, approval, referral, preferred-provider status, or required-use arrangement by Company, any affiliated real estate brokerage, any affiliated real estate licensee, or any brokerage representative who shares, references, or provides access to the directory. You are not required to use any listed vendor and are free to shop for and select any provider of your choice, whether or not listed on the Website.
Some listed vendors may have previously provided services in transactions involving real estate agents or their customers, and some listed vendors may pay Company for advertising or directory participation. Such facts do not make any vendor a required, endorsed, recommended, verified, guaranteed, approved, preferred, or superior provider.
7. User Content, Reviews, and Submissions
If the Website permits reviews, ratings, testimonials, comments, posts, messages, profiles, advertisements, logos, images, links, descriptions, or other user-submitted content (“User Content”), you are solely responsible for all User Content that you submit, post, transmit, upload, publish, or otherwise make available through the Website.
You represent and warrant that you own or have all rights necessary to submit your User Content and that your User Content is accurate, lawful, non-infringing, not misleading, and does not violate these Terms or the rights of any person. By submitting User Content, you grant Company a non-exclusive, royalty-free, worldwide, transferable license to use, reproduce, display, publish, distribute, modify, format, and otherwise use such User Content in connection with operating, administering, advertising, and promoting the Website and the directory.
Company may, but is not required to, review, edit, reject, remove, suspend, or discontinue any User Content at any time and for any reason, including if Company determines that the content may be inaccurate, misleading, unlawful, offensive, noncompliant, infringing, reputationally harmful, or otherwise inappropriate.
8. Prohibited Conduct
You agree not to use the Website to submit, post, transmit, or make available any content or communication that is false, misleading, deceptive, defamatory, obscene, harassing, threatening, discriminatory, unlawful, infringing, invasive of privacy, harmful to minors, or otherwise inappropriate. You also agree not to impersonate any person or entity, misrepresent your affiliation with any person or entity, submit personal information about another person without authorization, advertise illegal services or products, or use the Website for spam, junk mail, chain letters, pyramid schemes, unauthorized solicitations, or other improper commercial communications.
You shall not interfere with, disrupt, damage, impair, overload, or attempt to gain unauthorized access to the Website, Company systems, accounts, data, servers, networks, or security features. You shall not use the Website in any way that violates applicable law, these Terms, any posted policy, or the rights of any person.
9. No Scraping, Data Harvesting, or Misuse of Website Content
You shall not scrape, crawl, spider, harvest, mine, copy, aggregate, download, reproduce, republish, sell, resell, exploit, compile, or otherwise use Website content, vendor information, directory data, listings, contact information, images, or other Website materials for any commercial, competitive, unlawful, or unauthorized purpose, including through any automated means, software, bot, script, or similar process, without Company’s prior written consent.
You shall not use any Website data, vendor information, contact information, or user information for unauthorized marketing, solicitation, resale, data aggregation, competitive directory development, spam, or any unlawful or improper purpose.
10. Third-Party Links and External Websites
The Website may contain links to third-party websites, vendor websites, payment processors, social media pages, applications, or other external resources. These third-party resources are independent from Company. Company does not control and is not responsible for any third-party website, content, service, product, privacy practice, security practice, representation, warranty, or transaction. Accessing third-party links is at your own risk.
11. Intellectual Property
The Website, including its design, layout, text, graphics, logos, images, directories, compilations, features, software, trademarks, service marks, trade names, and other content, is owned by Company or its licensors and is protected by applicable intellectual-property laws. Except as expressly permitted by Company in writing, you may not copy, reproduce, modify, distribute, display, publish, transmit, create derivative works from, sell, resell, exploit, or use any part of the Website for commercial purposes.
You may link to the Website in a lawful manner that does not falsely suggest endorsement, sponsorship, affiliation, approval, or recommendation by Company, any affiliated brokerage, or any listed vendor.
12. Privacy
Company’s collection, use, storage, and disclosure of information are governed by Company’s Privacy Policy, which may be posted separately on the Website and is incorporated into these Terms by reference. By using the Website, you acknowledge that information may be collected and handled as described in the Privacy Policy and applicable law.
13. Paid Listings and Vendor Participation
Company may charge vendors, businesses, advertisers, or service providers fees for directory listings, advertising placement, enhanced profiles, sponsored listings, featured listings, subscription services, or other advertising or marketing services. Unless otherwise stated in writing, paid listing and advertising fees are non-refundable once the applicable advertising period begins or the service is provided.
Vendors that purchase directory participation may be required to accept separate vendor terms before payment. Those vendor terms are separate from these public Website Terms and may include additional requirements relating to advertising content, payment, compliance, no-referral-fee obligations, user dealings, indemnification, and directory participation.
14. Website Availability and Termination of Access
Company may establish limits concerning use of the Website, including limits on access, accounts, listings, communications, content, storage, or functionality. Company may modify, suspend, restrict, block, terminate, or discontinue any user’s access to the Website, any account, any listing, or any feature at any time and for any reason, including suspected violation of these Terms, unlawful conduct, misuse of the Website, nonpayment, compliance concerns, or conduct that Company determines may be harmful to Company, users, vendors, or third parties.
Company is not responsible or liable for any modification, suspension, interruption, deletion, failure to store content, termination of access, or discontinuance of the Website or any part of it.
15. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, DIRECTORY, LISTINGS, CONTENT, FEATURES, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, AVAILABILITY, PERFORMANCE, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
COMPANY DOES NOT WARRANT OR GUARANTEE ANY VENDOR, THIRD-PARTY SERVICE, THIRD-PARTY PRODUCT, WEBSITE CONTENT, USER CONTENT, LISTING, REVIEW, RATING, TESTIMONIAL, LINK, COMMUNICATION, TRANSACTION, OR RESULT OBTAINED THROUGH USE OF THE WEBSITE.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PREFERRED MARKETING GROUP, LLC AND ITS OWNERS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, LOST-PROFIT, LOST-DATA, OR BUSINESS-INTERRUPTION DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, DIRECTORY, LISTINGS, USER CONTENT, THIRD-PARTY CONTENT, VENDOR SERVICES, THIRD-PARTY DEALINGS, WEBSITE AVAILABILITY, TERMINATION OF ACCESS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO COMPANY FOR THE SPECIFIC WEBSITE SERVICE GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.
17. Release
To the fullest extent permitted by law, you release Preferred Marketing Group, LLC and its owners, officers, managers, members, employees, agents, representatives, contractors, affiliates, successors, and assigns from any and all claims, demands, damages, losses, liabilities, costs, expenses, and disputes, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or relating to your use of the Website, your reliance on any Website content, your dealings with any listed vendor or third party, or any dispute between you and any listed vendor or third party.
18. Indemnification
You agree to indemnify, defend, and hold harmless Preferred Marketing Group, LLC and its owners, officers, managers, members, employees, agents, representatives, contractors, affiliates, successors, and assigns from and against any and all claims, demands, losses, damages, liabilities, penalties, fines, costs, expenses, attorneys’ fees, and court costs arising out of or relating to your use of the Website, your User Content, your violation of these Terms, your violation of applicable law, your violation of any third-party rights, your dealings with any listed vendor or third party, or any dispute involving you and any listed vendor or third party.
19. Governing Law; Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles. Any action arising out of or relating to these Terms or the Website shall be brought in the state or federal courts having jurisdiction over the county in Florida where Company maintains its principal office, unless otherwise required by applicable law.
20. General Terms
These Terms, together with any posted privacy policy, consumer disclosure, vendor disclosure, payment terms, or other applicable terms, constitute the entire agreement between you and Company regarding your use of the Website. If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect. Company’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
You may contact us regarding these Terms through the contact information posted on the Website.