Surf Local App and Website Disclaimers/Disclosures

Welcome to Surf Local Holdings LLC’s Real Estate Software App and Website (collectively the “Platform”). Please read this agreement carefully before accessing or using the Platform. By accessing or using the Platform, you agree to be bound by all of the terms set forth in this agreement. Surf Local Holdings LLC (“Surf Local”) and any other entities providing information and services on the site provide the information and services on this site to you, the user, conditional upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Platform constitutes your agreement to all such terms, conditions, and notices.

1. General Disclaimer; Accuracy of Information.The information and services offered on this Platform are provided with the understanding that neither Surf Local nor its suppliers or users are engaged in rendering legal or other professional services or advice. Your use of the Platform is subject to the additional disclaimers and caveats that may appear throughout the Platform. Some of the information published on our Platform is sourced from other providers (including ListHub as referenced below) who claim that the information is correct to the best of their knowledge. However, Surf Local does not warrant that the published information is accurate, complete, or current. Users should verify any information before relying on it for any purpose. Further, Surf Local and its suppliers assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services, or other material on the Platform. While Surf Local strives to keep the information on the Platform accurate, complete, and up-to-date, Surf Local and its suppliers cannot guarantee and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the information. Users expressly acknowledge and agree that Surf Local is not responsible for any inaccuracies or omissions in the data, and any reliance on such data is at their own risk. Surf Local disclaims any liability for damages resulting from the use or misuse of the information provided on the Platform.
2. Information Source and Usage. Our Platform provides real estate data sourced from an independent feed called ListHub and other third-party sources, including licensed real estate agents and brokerage firms. This data is intended for consumer use only and is provided "as is" without any warranties of any kind either express or implied.
3. Use of Information; Third-Party Vendors and Advertisers.We may gather additional information about you from other sources by leveraging the information that we already have. Due to legal requirements, we may share your information with other subsidiaries and affiliated businesses, our service providers, our clients, or business partners. While we will share information with advertisers, we will not sell consumer information. Further, consumers using our Platform may be introduced to third-party vendors and advertisers. Surf Local is not responsible for the services provided by these third parties and does not endorse or guarantee the outcomes of their services. Third-party providers are instructed to use consumer information solely for the purpose of transactions initiated on our Platform and are prohibited from reselling this information. Any relationships ortransactions with third-party vendors and advertisers are solely between the user and the third party. Surf Local disclaims any liability for the actions, omissions, or services of any third party.
4. Free Access and Data Sharing. Our software is free for consumers. By using our Platform, you agree that your contact information may be shared with real estate agents, third-party vendors, and advertisers who pay to advertise on our Platform. Your data will be used for marketing purposes and to facilitate real estate transactions. Users consent to the sharing of their data with third-party vendors and advertisers solely for the purposes of marketing and facilitating real estate related transactions with third party providers. Surf Local is not liable for any misuse of data by these third parties.
5. Personal and Limited Commercial Use Limitations. You may access, download, and print materials on this Platform for your personal and commercial use. You may not modify, display, perform, publish, license, create derivative works from, frame in another web page, use on any other website, app, or platform, transfer, or sell any information, software, lists of users, databases, or other lists, products, or services obtained from this Platform. The foregoing prohibition expressly includes but is not limited to the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. If and when requested by Surf Local, you agree to provide true, accurate, and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Surf Local, you agree to refrain from accessing or attempting to access password-protected, secure, or non-public areas of the Platform. Unauthorized individuals attempting to access prohibited areas of the Platform may be subject to prosecution. Further, as a condition of your use of the Platform, you warrant to Surf Local and its suppliers that you will not use the Platform for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Platform automatically terminates. Users must agree not to attempt to bypass any security measures of the Platform or to access any data not intended for their use. Surf Local reserves the right to pursue legal action against any unauthorized access or misuse of its proprietary information.
6. Proprietary Rights and Trademarks. Surf Local is committed to providing you a unique, safe, and professional experience via our Platform. Our experience, appearance, and ideas that we use have been gained through hard work and thus are unique to Surf Local. The integrity of the Platform depends on the unique and versatile tool set we provide to prospective home buyers or sellers in Florida. Therefore, any unlawful distribution, redistribution, or use of all material contained within our Platform is strictly prohibited. “All materials” includes textual content, graphs, pictures, images, drawings and sketches, videos, as well as the overall website design and structure. Everything listed here is the unique licensed property of Surf Local. Unlawful use of our content includes but is not limited to display, alteration, transmission, publication, or reproduction of any of the aforementioned materials. In addition, you shall not be permitted to link to our website from any other site, personal or otherwise, without explicit written consent from Surf Local. All legal claims made here are protected and sanctionedby United States Copyright Law; breach of said laws shall be pursued to the fullest extent necessary for ramification. All materials on the Platform (as well as its organization and layout) are owned by Surf Local or its suppliers and all rights are reserved. No reproduction, distribution, or transmission of the copyrighted materials at this site is permitted without the written permission of Surf Local and its suppliers. Further, all of the trademarks, logos, and service marks (collectively "Trademarks") displayed on the Platform are registered or unregistered trademarks of Surf Local or of third parties who have authorized their use by Surf Local. Nothing contained on the Platform should be construed as granting by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Platform without the written permission of Surf Local or owner of the Trademarks. Your misuse of the Trademarks or any other content displayed on the Platform except as provided for in this agreement is strictly prohibited and may be subject to prosecution.
7. Artificial Intelligence and Data Parsing. We use artificial intelligence (“AI”) to parse data and advertise to users/consumers. Our AI algorithms aim to enhance your experience on the Platform, making your interactions more successful and improving introductions to third-party advertisers. While Surf Local employs advanced AI algorithms to enhance user experience, it makes no guarantees regarding the performance or outcomes of AI-driven interactions. Users are advised to verify AI-generated recommendations independently.
8. Contact by Surf Local and Third Parties. Surf Local or any third-party advertisers or realtors may contact you directly through our Platform, our software systems, or outside such systems when you provide your contact information or give permission to receive your contact information.
9. User Reviews and Comments. Any reviews or comments posted by users on our Platform may be used by Surf Local for promotional and other purposes. By posting, you grant us the right to use, transmit, and display such content without any compensation to you. Users are solely responsible for any content they post on the Platform. Surf Local reserves the right to remove or edit any content that violates its policies or is deemed inappropriate.
10. Links to Third-Party Websites. Our Platform may contain hyperlinks to websites operated by parties other than Surf Local or its suppliers. Such hyperlinks are provided for your reference only. Neither Surf Local nor its suppliers control such websites and are not responsible for their contents. Surf Local and its suppliers’ inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators, and you access and use such sites, including information, material, products, and services therein, solely at your own risk. Furthermore, because our privacy policy is applicable only when you are on our Platform, once linked to another website you must read that site’s privacy policy before disclosing any personal information. Surf Local disclaims all liability for any damages that may arise from accessing third-party websites. Users should review the privacy policies of these websites before providing any personal information.
11. Confidentiality of User Credentials. Users are responsible for maintaining the confidentiality of their usernames and passwords. Surf Local is not responsible for anyloss or damage arising from unauthorized use of your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
12. Communications on the Platform; Termination of Use. Although Surf Local may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like which may appear from time to time on the Platform, we are under no obligation to do so and we assume no responsibility or liability arising from the content of any such communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such communications on the Platform. You are prohibited from posting or transmitting any inaccurate, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Surf Local will fully cooperate with any law enforcement authorities or court order requesting or directing Surf Local to disclose the identity of anyone posting any such information or materials. Moreover, if we determine that you are using the Platform or any data inappropriately, we reserve the right to terminate your use of the Platform without notice. You agree that Surf Local is indemnified from any legal action that you may subsequently take against us as a result of this termination.
13. Opt-Out Policy. You may opt out of data sharing at any time. Any information shared prior to opting out will remain available for use by Surf Local but no new information will be shared post opt-out. Opting out does not affect the legality or binding nature of previously agreed terms.
14. No Advice or Licensure. Surf Local does not offer real estate advice and is not a licensed real estate entity. We are not responsible for any actions or services provided by third-party vendors or agents introduced via our Platform. The content on our Platform is for informational purposes only and should not be construed as professional advice.
15. Changes to Platform. Surf Local and its suppliers may make improvements or changes to the information, services, products, and other materials on the Platform or terminate this Platform at any time without notice. Surf Local may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement. It is your responsibility to review the contents of this agreement periodically for any updates or changes.
16. Viruses; Destruction of the Platform. You agree not to upload, post, e-mail, or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs intended to or which do interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment including the Platform. You also agree not to interfere with the servers or networks connected to the Platform or to disobey any requirements, procedures, policies, or regulations of networks connected to the Platform. Any attempt by a user to deliberately damage the Platform or to undermine the operation of any of its aspects or components constitutes a violation of criminal and civil laws.
17. Terminating the Platform. Surf Local retains the right at any time to discontinue, modify, or temporarily or permanently terminate the Platform with or without notifying you. If we discontinue, modify, or terminate the Platform in whole or in part, or if the Platform or any information contained therein becomes unavailable or is lost for any reason, we will not be liable to you or any third party for such discontinuance, modification, termination, or unavailability.
18. Disclaimer of Warranties and Limitation of Liability. You use this Platform at your own risk. If your use of the Platform or the materials therein results in the need for servicing or replacing property, material, equipment, or data, neither Surf Local nor its suppliers shall be responsible for those costs. The information, software, products, and services published on the Platform may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Surf Local and/or its respective suppliers may make improvements and/or changes to the Platform at any time without notice. Further, all information, products, and services are provided "as is" without warranty of any kind. In no event shall Surf Local and/or its suppliers be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the Platform or with the delay or inability to use this website or for any information, products, and services obtained through the Platform or otherwise arising out of the use of the Platform, whether based on contract, tort, strict liability, or otherwise, even if Surf Local or any of its suppliers has been advised of the possibility of damages.
19. Indemnification. You agree to indemnify and hold harmless Surf Local, its suppliers, its affiliates, and their respective managers, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your access to or use of the Platform, violation of these terms, or infringement by you or any third party using your account of any intellectual property or other right of any person or entity. This indemnification clause covers not only direct claims but also any claims resulting from third-party actions related to user activities on the Platform.
20. Accessibility Statement and Disclaimer. Surf Local strives to ensure that its services are accessible to people with disabilities. We have invested a significant amount of resources to help ensure that our Platform is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort, and independence. We strive to conform to the guidelines of the Web Content Accessibility Guidelines (WCAG) 2.1 as set forth by the World Wide Web Consortium. However, we do not guarantee that our Platform will be accessible to all users. Despite our efforts to make all pages and content on the Platform fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution. We are not responsible for any accessibility issues that may arise and will not be liable for any damages resulting from the inability to access our content. If you are experiencing difficulty with any content on the Platform or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist.
21. Document Storage and Security. You will have a place to save your documents related to real estate services provided or in connection with any real estate service expedited by our Platform. We will set up necessary guardrails to protect the privacy of the information. However, we are not responsible for any damages incurred as a result of the nefarious dissemination or cyberattack incurred because of malicious acts. We disclaim all liability for any loss, theft, or unauthorized access to your documents.
22. Privacy. We respect your right to online privacy. When you register as a member of the Platform or otherwise provide any personal information to us online, that information will only be used in conjunction with providing you with enhanced services related to the Platform. It will never be sold or shared with any third party unless it is an affiliate and/or a supplier or partner of Surf Local and only in the event that such information provided by the third party will enhance and/or assist in your real estate buying or selling experience. We may, for instance, contact you to offer assistance, provide information, or otherwise help with your real estate search or sale. We may also provide you with enhanced services such as an e-newsletter or instant alerts when homes that match your search criteria come on the market. Like most sites on the Internet, we also collect anonymous data on how our visitors use our Platform. This data reflects site usage patterns gathered during thousands of customer visits each month and does not contain any personally identifying information whatsoever. We reserve the right to share this anonymous data, provide log files, and other databases of user information to third parties for analysis and to use this information to better understand client traffic and improve our online services. Surf Local may from time to time make changes to this policy. We recommend that visitors to the Platform re-visit this privacy policy on occasion to learn of new privacy practices and changes to our policy.
23. How to Get in Touch with Surf Local and Provide Feedback. It’s important to us at Surf Local to hear what visitors have to say about our services and our policies. If you have any questions, concerns, or complaints about the policies contained in this agreement, any accessibility issues, or if you’d like to let us know what you think about any of our products and services, please email us at __________________________.
24. Miscellaneous. This agreement and the resolution of any dispute related to this agreement or the Platform shall be governed by and construed in accordance with the laws of Florida and the United States without giving effect to any principles of conflicts of law. Surf Local or suppliers’ failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between Surf Local and you related to this agreement shall be brought exclusively in a state or federal court of competent jurisdiction in Palm Beach County, Florida. If any provision of this agreement is found to be unenforceable, the remaining provisions will continue in full force and effect. This agreement constitutes the entire agreement between the parties regarding the use of the Platform and supersedes any prior agreements or understandings.

Arbitration Clause: Any disputes arising out of or related to this agreement or the use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Palm Beach County,Florida, and the arbitrator's decision shall be final and binding. Users waive their right to participate in any class action lawsuit or class-wide arbitration.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY SURF LOCAL.