TERMS & CONDITIONS


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Thank you for visiting the YELLOW TECHNOLOGIES, INC. ("YELLOW") website www.FSBYellow.com ("Site").

These Terms of Use ("Terms") govern how you may access and use the Site and your responsibilities when doing so. YELLOW's Privacy Policy explains how YELLOW may use any personal information shared by you. By accessing www.FSBYellow.com, you agree to these Terms and YELLOW's Privacy Policy, so please take a moment to carefully review these documents. If you do not agree to these Terms, you may not use this Site.


Client Relationship

YELLOW works with both the seller and the buyer of a home. This type of relationship is called a transactional brokerage and is actually the assumed role for all real estate transactions.

Florida Statutes Chapter 475.278 defines the role of a transaction brokerage as follows:


FLORIDA STATUTES 475.278

Authorized brokerage relationships; presumption of transaction brokerage; required disclosures.

LINK: The Florida Statutes

(1) Brokerage relationships.--

(a) Authorized brokerage relationships.--A real estate licensee in this state may enter into a brokerage relationship as either a transaction broker or as a single agent with potential buyers and sellers...  

(b) Presumption of transaction brokerage.--It shall be presumed that all licensees are operating as transaction brokers unless a single agent or no brokerage relationship is established, in writing, with a customer.

(2) Transaction broker relationship.--A transaction broker provides a limited form of representation to a buyer, a seller, or both in a real estate transaction but does not represent either in a fiduciary capacity or as a single agent.  The duties of the real estate licensee in this limited form of representation include the following:

(a) Dealing honestly and fairly;

(b) Accounting for all funds;

(c) Using skill, care, and diligence in the transaction;

(d) Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer;

(e) Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing;

(f) Limited confidentiality, unless waived in writing by a party.  This limited confidentiality will prevent disclosure that the seller will accept a price less than the asking or listed price, that the buyer will pay a price greater than the price submitted in a written offer, of the motivation of any party for selling or buying property, that a seller or buyer will agree to financing terms other than those offered, or of any other information requested by a party to remain confidential;  and

(g) Any additional duties that are mutually agreed to with a party.


YELLOW takes great pride in working fairly for both sides of the transaction.


Modifications

YELLOW may modify these Terms from time to time. Any modifications to the Terms will be effective once posted to the Site. If you access or use the Site after the Terms have been modified, your continued access and use will constitute acceptance of all modifications.


Content & Intellectual Property

Any information or content shared on the Site is for informational purposes only and does not constitute legal or professional advice. Please consult with an appropriate professional for any professional advice you need, for example, legal or accounting advice.

YELLOW or its partners created the text, images, video, graphics, content, and materials ("Materials") available through the Site. All Materials are protected by all applicable copyright and trademark laws. YELLOW or the party credited owns the Materials, and all rights in the Materials are expressly reserved.


Third-Party Links

This Site includes links to websites that are not owned or operated by YELLOW. These links are provided as a convenience and do not constitute YELLOW's endorsement of the linked-to website or its owner. Please be aware when you leave the Site because YELLOW's Terms and Privacy Policy will no longer apply to your activities. Third-party websites will likely have their own terms of use and privacy policy, which YELLOW has no control over.


Site Provided "As-Is"

THIS SITE IS PROVIDED BY YELLOW ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. YELLOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THIS SITE, OR THAT ACCESS TO OR USE OF WWW.FSBYELLOW.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YELLOW DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY.


Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YELLOW, ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES. YELLOW SHALL ALSO NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES; DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE; DAMAGES RELATING TO ANY THIRD-PARTY CONDUCT OR CONTENT AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, REGARDLESS OF LEGAL THEORY, AND WHETHER OR NOT YELLOW HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.


Termination

You may stop using the Site at any time. YELLOW may suspend or terminate the Site at any time at YELLOW's discretion and without notice. YELLOW may also terminate, limit or suspend your access to the Site for any reason at any time and without notice. For example, YELLOW may terminate your access to this Site if you are not complying with these Terms or if YELLOW determines that you are a repeat infringer of third-party intellectual property rights.


Digital Millennium Copyright Act ("DMCA")

YELLOW respects the intellectual property rights of others and expects you to do the same. Per the DMCA, YELLOW will respond expeditiously to claims of copyright infringement on the Site if submitted to YELLOW's Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, YELLOW will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.

If you believe that your intellectual property rights have been violated by YELLOW or by a third party who has uploaded materials to the Site, please provide the following information to YELLOW's designated Copyright Agent listed below:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Site;
  3. An address, telephone number, and e-mail address where YELLOW can contact you and, if different, an e-mail address where the alleged infringing party, if not YELLOW, can contact you;
  4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
  6. Your electronic or physical signature.

YELLOW may request additional information before removing any allegedly infringing material. In the event YELLOW removes the allegedly infringing materials, YELLOW will immediately notify the person responsible for posting such materials that YELLOW removed or disabled access to the materials. YELLOW may also provide the responsible person with your e-mail address so that the person may respond to your allegations.

YELLOW reserves the right to terminate, limit or suspend any user's access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact YELLOW's Copyright Agent. Please include sufficient information to assist YELLOW in determining that the user repeatedly engaged in infringing activity.

YELLOW registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). YELLOW's designated Copyright Agent is:

B.P. "Russ" Russell
YELLOW TECHNOLOGIES, INC.
3304 Sawgrass Village Cir
Ponte Verdra Beach, FL 32082
Toll free: 1 (844) 410-1234
russ.russell@fsbyellow.com


Entire Agreement

These Terms constitute the entire agreement and understanding between the parties with respect to their subject matter and may not be contradicted by evidence of any prior or contemporaneous oral or written agreement. These Terms create no third party beneficiary rights.


Miscellaneous

YELLOW's or your failure to exercise any right provided for in these Terms shall not constitute a waiver of any rights under these Terms. If any provision of these Terms is found to be unenforceable, such unenforceability will not affect the validity of the remaining provisions. You may not assign any of your rights under these Terms. YELLOW may assign its rights under these Terms in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of these Terms.




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