Terms of Service
Terms of Service
Effective Date: 09/06/2025
Last Reviewed: 09/06/2025
These Terms of Service (“Terms”) govern your access to and use of josesellsflorida.com (the “Site”), associated funnels, forms, surveys, and communication services (the “Services”) provided by Jose Martinez Rivera (“Company,” “we,” “us,” or “our”). By using the Services, you agree to these Terms.
1. Acceptance of Terms
By accessing the Site or using the Services, you confirm that you:
Are at least 18 years old (or the legal age of majority in your jurisdiction).
Have the legal capacity to enter into binding agreements.
Agree to comply with these Terms and all applicable laws.
If you do not agree, you must not use the Services.
2. Services Provided
We provide real estate-related services, including but not limited to:
Appointment booking, confirmations, and reminders.
SMS, phone, and email communications.
Access to guides, lead magnets, and promotional offers (with your consent).
Real estate consultations, property listings, and referral introductions.
We may update, modify, suspend, or discontinue any part of the Services at any time without notice or liability.
3. User Responsibilities
When using our Services, you agree to:
Provide accurate and truthful information.
Not use the Services for unlawful, fraudulent, or harmful purposes.
Not attempt to disrupt or gain unauthorized access to our systems.
Not impersonate another person or misrepresent your affiliation.
4. SMS & Email Communications
By providing your contact details and giving consent, you authorize Jose Martinez Rivera to send SMS, calls, and emails.
SMS Program Terms:
Opt-in is required via explicit consent.
Message frequency may vary.
Message & data rates may apply.
Reply STOP to unsubscribe and HELP for assistance.
All opt-out requests are processed within 24 hours.
Consent is not required as a condition of purchase.
Supported carriers include AT&T, Verizon, T-Mobile, and most regional carriers.
Carriers are not liable for delayed or undelivered messages.
Data Handling & Compliance:
We will not share, sell, or rent mobile contact information, including phone numbers and opt-in consent records, with affiliates or third parties for marketing or promotional purposes.
SMS opt-in data will only be used for providing Services you consented to receive.
Consent records are securely stored for compliance purposes.
5. Privacy Policy
Your use of the Services is also subject to our [Privacy Policy](josesellsflorida.com/privacy-policy). The Privacy Policy describes how we collect, use, and protect your information, including SMS consent and opt-out data.
6. Intellectual Property
All content on josesellsflorida.com, including text, images, designs, logos, graphics, software, and trademarks, is the property of Jose Martinez Rivera or licensed third parties.
You may not copy, distribute, or use content without prior written consent.
7. Payments & Transactions (if applicable)
If you purchase services, you agree to provide valid payment information.
All payments are final unless otherwise specified.
We are not responsible for failures caused by third-party processors.
8. Disclaimers
Services are provided “as is” and “as available.”
No guarantee of specific real estate results or outcomes.
We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
To the fullest extent permitted by law, Jose Martinez Rivera is not liable for:
Indirect, incidental, or consequential damages.
Loss of profits, data, goodwill, or business opportunities.
Issues caused by third parties or events outside our control.
Our total liability shall not exceed the amount you paid (if any) in the 12 months preceding the claim.
10. Indemnification
You agree to indemnify and hold harmless Jose Martinez Rivera, its employees, agents, and partners from claims, damages, or expenses arising from your use of the Services or violation of these Terms.
11. Data Retention & Security
Opt-in consent records are retained for compliance purposes.
We implement commercially reasonable safeguards (encryption, access controls) to protect your data.
No system is completely secure; submit information at your own risk.
12. Children’s Use
Our Services are not directed to children under 13 (or 16 in certain jurisdictions). We do not knowingly collect data from minors. If discovered, such data will be deleted.
13. Third-Party Links & Services
The Site may link to third-party websites or services. We are not responsible for their practices, content, or policies. Review their terms before providing information.
14. Governing Law & Venue
These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.
Disputes will be resolved in courts or arbitration centers located in Sanford, unless otherwise required by law.
15. Dispute Resolution & Arbitration
Parties agree to attempt informal resolution first.
If unresolved, disputes will be submitted to binding arbitration under AAA rules.
Exceptions: small claims court actions or injunctions for IP violations.
16. Changes to These Terms
We may update these Terms periodically. Updates will be posted at josesellsflorida.com/terms-of-service with a new effective date. Continued use of Services indicates acceptance of revised Terms.
17. Contact Information
Jose Martinez Rivera
Brokerage: eXp Realty
City: Sanford
Phone: 407-923-4002
Email: [email protected]
