Termos de Utilização

Last updated January 22, 2024 These Terms of Use describe your rights and responsibilities when using the mobile and web-based platforms and software (as defined in the [Privacy Policy]([https://www.sfpropertysearch.com/en/r/privacy-policy](https://www.sfpropertysearch.com/en/r/privacy-policy))), Websites, or other products and services offered (“Services”) by MIAMI Association of REALTORS®, Inc. and its parent companies, subsidiaries, employees, contractors, affiliates, and/or its designees, if any (“MIAMI,” “MIAMI REALTORS®,” “we,” “us,” and “our”). All Websites and Services are made available on an “as is,” and “as available” basis and, to the extent permitted under applicable law, without any warranties or contractual commitments we make for other Websites and Services. By using our Websites and/or Services, you agree that you have read, understand, and will comply with the Terms of Use. We reserve the right to change the Terms of Use at any time. Such changes may be made without prior notice; but, all updates will be posted on MIAMI’s Websites. Changes will be effective when posted. Your continued use of the Websites and/or Services confirms your agreement and compliance with these Terms of Use. These Terms of Use, any other terms or conditions provided by us in connection with the Websites and Services (including, as applicable, the Membership Agreement, Bylaws, [Privacy Policy]([https://www.sfpropertysearch.com/en/r/privacy-policy](https://www.sfpropertysearch.com/en/r/privacy-policy)), [Cookie Policy](https://www.sfpropertysearch.com/en/r/terms-and-conditions), MIAMI MLS Rules, both as they exist now and as may be amended at any time in the future), together with any and all documents referenced herein or therein form the “Agreement” between you and us. If you do not agree with all or part of the Agreement, do not use MIAMI’s Websites and/or Services. Please read these terms carefully to ensure you understand each provision. This Agreement requires us to resolve disputes through a mandatory arbitration provision on an individual basis rather than jury trials or class actions. By accessing or using the Websites and/or Services you acknowledge your understanding of the then-current Agreement and agree to be bound by the terms and conditions of the Agreement. How MIAMI’s Websites and Services Work - MIAMI Association of REALTORS®, Inc. is a local REALTOR® association chartered by the NATIONAL ASSOCIATION OF REALTORS®. As specifically outlined in MIAMI’s Bylaws, MIAMI’s members are real estate professionals. MIAMI provides its members with Websites and Services. MIAMI also provides publicly facing resources on some of its Websites. - Relationship between you and MIAMI. As a user of the Websites, you may be a member of the general public or you may be a member of MIAMI, as defined in MIAMI’s Bylaws. As a user of the Services, you must be a member of MIAMI. - Ultimately, all real estate transactions are themselves governed by purchase and sale agreements or other transaction documents between buyers, sellers, lessors, lessees, brokers, and other involved parties. We are not a party to, nor are we responsible in any manner for, any such transaction, whether or not you use the Websites or Services. We are not (nor shall we be deemed to be) providing any licensed broker services, legal services or advice, and/ or activities in connection with any such transaction. - No responsibility for third parties. MIAMI bears no responsibility for any information provided by third parties in real estate transactions, including but not limited to buyers, sellers, lessors, lessees, brokers, real estate agents and other involved parties. MIAMI does not verify the completeness or accuracy of any information or materials provided by sellers, lessors, brokers, real estate agents, or other third parties involved. - Any disputes between users of the Websites and/or Services are solely between such users without MIAMI’s involvement. You acknowledge and agree that we have no obligation or responsibility in connection with any such disputes. General Provisions “You” are the individual either: (1) accessing MIAMI’s public Websites; or, (2) a member of MIAMI, as defined in the Bylaws, entering into the Agreement, together with and on behalf of any of your employees, agents, designees, contractors, or others acting on your behalf, accessing the Websites and/or Services. If you would like to join MIAMI as a member, visit our Membership page. You are solely responsible for all of the acts and omissions of anyone using your account(s) in relation to the Websites and/or Services and the Agreement, including without limitation any Content or Contributions, as defined in the Membership Agreement, submitted. You hereby represent and warrant that you and your employees, agents, designees, contractors, or others acting on your behalf have all rights necessary (including without limitation any necessary consents and authorizations from individual persons identified in the Content and Contributions and licenses from third parties whose content is included in the Content and Contributions) to use the Content and Contributions in connection with the Websites and Services and to provide to us the applicable licenses and rights hereunder. To the extent permitted under applicable law, we take no responsibility and assume no liability for any Content or Contributions that you or any third party submits, posts, or otherwise makes available through the Websites and Services. As between you and us, you shall be fully responsible for the Content and Contributions and the consequences of submitting, posting, or otherwise making it available via the Websites and Services, and you acknowledge and agree that we are acting only as a passive conduit for your online distribution of such Content and Contributions. Payment Information In addition to the “Nonrefundable Fees” section of the Membership Agreement, if you are a member of MIAMI, as defined in the Bylaws, you represent and warrant that: (1) the account, order, and payment method information you supply to us or the a third-party, as applicable, is true, correct, and complete; (2) you are duly authorized to use such payment method; (3) you will pay any charges that you incur in connection with the Services, including any applicable taxes; (4) charges incurred by you will be honored by your payment method company; (5) you will pay all charges incurred by you at the posted prices, including all applicable taxes, if any; (6) you will not allow anyone else to use your MIAMI MLS Credentials; (7) you will not transfer your membership or password to anyone else; and, (8) you will report to us any unauthorized or prohibited access or use of your membership or MIAMI MLS Credentials. Beta Products Occasionally, we may offer beta features and enable select beta testers to help us test these new features. These features will be identified as “beta” or “pre-release,” or words or phrases with similar meanings (each, a “Beta Product”). Beta Products are made available on an “as is,” and “as available” basis and, to the extent permitted under applicable law, without any warranties or contractual commitments we make for other Websites and Services. Feedback If you, or anyone acting on your behalf, sends or transmits any communications or materials to MIAMI by mail, email, telephone, text message, in-person, social media, or otherwise, suggesting or recommending changes, comments, questions, suggestions, or the like (“Feedback”), MIAMI is free to use such Feedback irrespective of any other obligation or limitation between you and MIAMI. You assign to MIAMI, both on your behalf and anyone else acting on your behalf, all right, title, and interest in the Feedback, and MIAMI is free to use, without any attribution or compensation to you or any other party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever; although, MIAMI is not required to use any Feedback and any such Feedback does not create any contractual obligations. Privacy Policy and Protection of Personal Data Our [Privacy Policy](https://www.sfpropertysearch.com/en/r/privacy-policy) provides notice regarding how we collect and use data relating to the use and performance of our Websites and Services, including Personal Data about our users. Any Personal Data you submit to our Websites and Services must be Personal Data that you have the right to provide. Services Usage and Restrictions: Intellectual Property Ownership of the Websites, Services, Documentation, and Company Data We exclusively own and will continue to own our Services and Documentation, which is defined to include, without limitation, the user interfaces, designs, data, information, software, products, graphics, and all other elements of the Websites and Services, and all related intellectual property and other proprietary rights related thereto (“Our Materials”). Except as expressly allowed by this Agreement, you have no rights or licenses to, and may not access or use, any of Our Materials, and we reserve all rights not expressly granted in this Agreement. Further, all Company Data, as defined below, will be owned solely and exclusively by us and, for purposes of clarity, you agree that we may use the Company Data in perpetuity for any purpose permitted by applicable law, including without limitation, to operate, analyze, improve, and market the Websites and Services and our other products and services, both as they exist now and as they may exist at any time in the future, and to share such data with our affiliates and business partners. Third-Party Products We may, from time to time, make available or integrate certain third-party products and services, including but not limited to open-source software (“Third-Party Products”) for use in connection with the Websites and/or Services. In addition, the Services may integrate with, or contain, third party materials or information, or links thereto, that are not owned or controlled by us (“Third-Party Materials”). We do not endorse or assume any responsibility for any Third-Party Products or Third-Party Materials. You acknowledge that such Third-Party Products or Third-Party Materials may be made available under, and in such case, you shall be subject to any such, separate or additional terms and conditions and privacy policies, including but not limited to open-source licenses. If you access any third-party website, Third-Party Product, or Third-Party Materials, you do so at your own risk, and you acknowledge and agree that the Agreement and our [Privacy Policy](https://www.sfpropertysearch.com/en/r/privacy-policy) do not apply to your use of such sites or services. You expressly relieve us from any and all liability arising from your use of any Third-Party Products or Third-Party Materials. All rights granted herein are subject to your full compliance with all of the terms and conditions of the Agreement, the Documentation, and any terms and conditions of the Third-Party Products. All rights in the Websites and/or Services and Documentation not expressly granted herein are expressly reserved by us. Your License to MIAMI for Personal Data You grant us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to access, use, process, copy, distribute, perform, export, share, and/or display your Personal Data, as reasonably necessary (a) to provide and maintain the Websites and/or Services; (b) to prevent or address service, security, support, and/or technical issues; (c) as required by law; and, (d), as expressly permitted in writing by you or our [Privacy Policy](https://www.sfpropertysearch.com/en/r/privacy-policy). Without limiting the foregoing, you hereby expressly permit and direct us to disclose, sell, and share your Personal Information to the members of the Service and the public for such members’ or other persons’ advertising, marketing, sales, leasing, lending, and other related activities and internal business purposes. License to User Content “User Content” consists of videos, images, music, comments, questions, documents, spreadsheets, and any other content in any format submitted, posted, or otherwise made available by you through the Websites and/or Services. By submitting, posting, storing, or otherwise making such User Content available through the Websites and/or Services, you represent and warrant that you have all rights necessary to grant (including without limitation any necessary consents and authorizations from individual persons identified in the User Content and licenses from third parties whose content is included in the User Content) all licenses and rights hereunder. You grant to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, publish, list information regarding, translate, distribute, publicly perform, publicly display, and/or make derivative works of all such User Content, and the names, voice, and/or likeness contained in the User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with our provision of the Websites and/or Services as described in the Agreement and our Documentation. You hereby expressly acknowledge and agree that we may sell, license, and otherwise distribute and commercialize such User Content, whether alone or in combination with other information, any other third-party with no duty of any kind to account to you or any third-party for such sale, license, or other distribution, or commercialization. You further agree that our making available of such User Content to third parties will not be a violation of our confidentiality obligations. Further, you acknowledge and agree that we may collect data relating to your Usage Data and collect, analyze, and use data developed, derived or otherwise resulting from the analysis or manipulation of User Content (including by the aggregation, commingling or other combination by us of User Content with other data used or collected by us) (“Derivative Data” and, collectively with Usage Data, “Company Data”). Responsibilities for User Content We are not responsible for the content of any User Content or the way you choose to use the Websites and/or Services to store or process any User Content. You represent and agree that you are solely responsible for ensuring compliance with all laws in all jurisdictions that may apply to User Content provided hereunder, including but not limited to all applicable international, federal, state, provincial, and local laws, rules, and regulations relating to data privacy, security, disability, and fair housing laws. Unless otherwise agreed to in writing or as expressly permitted herein, you may not submit any User Content that includes a social security number, passport number, driver’s license number, or similar identifier, credit card or debit card number, or any other information which may be subject to specific data privacy and security laws including, but not limited to, the Gramm-Leach-Bliley Act (GLBA), the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HiTECH), the Family Educational Rights and Privacy Act of 1974 (FERPA), the Children’s Online Privacy Protection Act (COPPA), the General Data Protection Regulation (GDPR) or the California Consumer Privacy Act, as amended by the California Privacy Rights Act (CCPA) or any other data which is considered to be sensitive or which could give rise to notification obligations under all applicable local, state, or federal data breach notification laws. We do not make any representations as to the adequacy of the Websites and/or Services to process your User Content or to satisfy any legal or compliance requirements which may apply to your User Content, other than as described herein. Use of the Websites and/or Services You must comply with the Agreement. You agree and acknowledge that the licenses granted to you by us are explicitly conditioned on your adherence to the restrictions as set forth in this Agreement and your compliance with the same. We reserve the right, but have no obligation, to investigate any violation of this Agreement and review your conduct for compliance purposes. If we believe there is a violation of the Agreement that can be remedied by your removal of certain User Content, we may require you to take direct action to cure such violation. In addition, to the extent legally permissible, we reserve the right to take further appropriate action, as we deem appropriate, including but not limited to circumstances where you do not take appropriate action, or if we believe there is a risk of harm to us, the Websites and/or Services, our members, or any third parties. Acceptable Use: Technical Restrictions You shall not engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Websites and/or Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Websites and/or Services in a manner that sends more request messages to the servers hosting the Websites and/or Services than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Websites and/or Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Websites and/or Services; (vii) collecting or harvesting any personally identifiable information, including but not limited to account names, from the Websites and/or Services; (viii) using the Websites and/or Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Websites and/or Services; (xi) accessing any content on the Websites and/or Services through any technology or means other than those provided or authorized by the Websites and/or Services; (xii) reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or any portion of any Websites and/or Services; and/or, (xiii) bypassing the measures we may use to prevent or restrict access to the Websites and/or Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Websites, Services, and/or the content therein. Acceptable Use: User Content Restrictions You are solely responsible for any User Content you submit through the Websites and/or Services. You shall not submit any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (ix) violates federal, state, and/or local fair housing and/or discrimination laws; or, (x) to the extent applicable, violates any school or other applicable policy, including those related to cheating or ethics. You acknowledge and agree that any User Content that you submit does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. To the extent legally permissible, we reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates any of these provisions. You understand that publishing your User Content on the Services is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Your Obligations for Sending Commercial Messages You shall not communicate or otherwise send electronic commercial e-mails or messages (“Commercial Messages”) via the Services that may be harassing, threatening, indecent, obscene, slanderous, or otherwise unlawful and not engage in spamming or other unsolicited advertising, marketing, or other activities, including, without limitation, any activity prohibited by applicable laws, including without limitation the CAN SPAM Act of 2003 and all other federal, state or local laws, rules, regulations, and guidelines in any applicable jurisdiction relating to sending Commercial Messages (“Anti-Spam Laws”). You shall not display or deliver through any Commercial Message or other User Content any false, misleading, deceptive, or unlawful content, sexually explicit materials, or content related to escort or dating services, drugs, dietary supplements, illegal substances or goods, gambling, affiliate marketing, or work-at-home, get-rich-quick, pyramids, day trading, forex, payday-loan, or similar schemes. You further agree not to communicate or otherwise send any Commercial Messages via the Websites and/or Services unless you have received clear and direct authorization or “opt-in” from the recipient to receive your Commercial Messages and have otherwise provided necessary disclosures about the Commercial Messages and obtained other necessary affirmative consent as required by applicable Anti-Spam Laws or the Agreement (“Opt-In”). When using the Websites and/or Services to send Commercial Messages, you certify that you will not use purchased, rented or traded lists, e-mail append lists, or any list containing e-mail addresses (or phone numbers or other applicable contact information) in any other method besides express opt-in that is specific to you. If you send Commercial Messages (which, in all cases, shall be subject to recipients’ Opt-In), you hereby assume all responsibility for your acts and omissions thereto. The content of each Commercial Message shall include information on how recipients may unsubscribe from receiving further Commercial Messages from you (“Unsubscribe”) and a valid physical address and otherwise comply with all applicable Anti-Spam Laws. You shall use reasonable efforts to provide recipients with descriptions on how frequently such recipients can expect to receive Commercial Messages from you. You shall process any and all Unsubscribe requests for at least thirty (30) days following the initial Commercial Message and must complete such request within ten (10) business days following the request. You may not charge a fee, require your recipient to provide any other personally identifying information besides an e-mail address or require your recipient to take any step besides sending a reply email or visiting a single web page, as a condition of their request to Unsubscribe. Once you have received an Unsubscribe request from a recipient, you may not sell or transfer that recipient’s email address, individually or as part of a mailing list. You are responsible for all activity occurring under your accounts, including any unauthorized use of your account by any third party. You agree that, as between the parties, you are the sole initiator of any communication transmitted through the Websites and/or Services. We are not responsible for obtaining any necessary consents or permissions from recipients of your Commercial Messages. We reserve the right, in our discretion, to review your Commercial Messages and recipient and opt-in lists in order to verify that you are in compliance with the terms set forth herein but have no obligation to do so. Any actual or suspected violation of these terms or applicable laws may result in suspension or termination of your account, in our discretion, and may also lead to civil or criminal liability. Agreement Term and Termination If you are a member, term and termination of this Agreement and access to the Websites and Services is in accordance with our Membership Agreement, Bylaws, and/or MIAMI MLS Rules, both as they exist now and as may be amended at any time in the future. If you are not a member, access to the Websites continues until terminated, we may terminate the Agreement without cause at any time and for any or no reason with seven (7) days’ advance written notice, or immediately if we reasonably believe that the Websites are being used by you in violation of applicable law or this Agreement. Upon any termination of any kind, you will promptly cease all use of the Websites and/or Services. Free Trials Third parties may offer free trials of certain memberships for specified periods of time without payment. If a third-party offers you a free trial through the Websites and/or Services, the specific terms of your free trial will be provided in that third-party’s terms and conditions. ONCE YOUR FREE TRIAL ENDS, THE THIRD-PARTY WILL LIKELY BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR MEMBERSHIP WITH THAT THIRD-PARTY (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEMBERSHIP CONTINUES, UNLESS YOU CANCEL YOUR MEMBERSHIP PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELING YOUR MEMBERSHIP ARE PROVIDED BY THIRD PARTIES. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR MEMBERSHIP HAS BEGUN. We have no liability for your use of third-party services. Representations; Disclaimer of Warranties You represent and warrant that you have validly entered into the Agreement and have the legal power to do so, and that you will use the Websites and/or Services in compliance with all applicable laws, rules, and regulations, including without limitation any licensing requirements. ALL INFORMATION PROVIDED TO YOU VIA THE WEBSITES AND/OR SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE. NO ACTION SHOULD BE TAKEN BASED UPON INFORMATION PROVIDED VIA THE WEBSITES AND/OR SERVICES WITHOUT FIRST SEEKING INPUT FROM AN INDEPENDENT PROFESSIONAL WHO IS LICENSED AND/OR QUALIFIED IN THE APPLICABLE AREA. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE WEBSITES, SERVICES, AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM, ON BEHALF OF OURSELVES AND ON BEHALF OF OUR VENDORS AND LICENSORS, ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE INTEGRITY OF DATA THAT YOU TRANSMIT, TRANSFER, STORE, OBTAIN, OR RECEIVE THROUGH USE OF THE WEBSITES AND/OR SERVICES. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE WEBSITES AND/OR SERVICES, INCLUDING WITHOUT LIMITATION YOUR COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TYPES OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. THE AGREEMENT GRANTS SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Limitation of Liability IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE GREATER OF US $100 OR THE TOTAL AMOUNT OF FEES PAID BY YOU HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING WILL NOT LIMIT YOUR OBLIGATIONS (IF ANY) TO US UNDER ANY OTHER AGREEMENT. IN NO EVENT WILL WE OR ANY OF OUR VENDORS OR LICENSORS HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You are responsible for all login credentials, including without limitation usernames, and passwords, for your account. We will not be responsible for any damages, losses, or liability to you or anyone else, if such information is not kept confidential by you, or if such information is correctly provided by an unauthorized third-party logging into and accessing the Websites and/or Services. The limitations under this “Limitation of Liability” section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this “Limitation of Liability” section allocate the risks under the Agreement between the parties, and the parties have relied on these limitations in determining whether to enter into the Agreement. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. OTHER RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING DISCLAIMERS AND LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Indemnification You agree to defend, indemnify ,and hold harmless us and our affiliates, licensors, and suppliers, and our and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to costs and attorney’s fees) arising from: (a) your use of and access to the Websites and/or Services, including your use or access to content or other information via the Websites and/or Services; (b) your violation of any term of the Agreement, including without limitation any breach of your representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (d) your violation of any applicable law, rule or regulation; (e) User Content or any content that is submitted via your account, including without limitation misleading, false, or inaccurate information; (f) your gross negligence, fraud, and/or willful misconduct; (g) any other party’s access or use of the Websites and/or Services with your username, password, or other appropriate security code; and/or, (h) any dispute between you and any other third party. Publicity You may not use our company names, logos, or other trademarks for any purpose without our prior written consent; provided that we may place your name and logo on our Websites and/or Services and other marketing materials for the purpose of identifying you as a user of our products and services and use User Content in order to provide the Websites and/or Services or as otherwise provided herein without such consent. No Third-Party Beneficiaries The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between you and us; we are each independent contractors. There are no third-party beneficiaries to the Agreement; a person who is not a party to the Agreement may not enforce any of its terms under any applicable law. Communications; Modifications Except as otherwise set forth herein, all notices under the Agreement will be by posting on our Websites and/or Services with or without advance written notice. They are effective immediately when posted. It is your responsibility to regularly check for updates and the most current version of the Agreement on this page; and, your continued use of the Websites and/or Services constitutes your continued consent to be bound and adhere to the terms and conditions of this Agreement. All notices to us must be sent to legal@miamire.com, and are effective and deemed given when we confirm, in writing, receipt of the same. Waivers No failure or delay by either party in exercising any right under the Agreement will constitute a waiver of that right. No waiver under the Agreement will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver. Severability The Agreement will be enforced to the fullest extent permitted under applicable law. If any provision of the Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Agreement will remain in effect. Assignment You may not assign or delegate any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. We may assign the Agreement in its entirety, without consent of Customer, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any purported assignment in violation of this section is void. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns. Disputes The laws of Florida govern this Agreement and its interpretation, without regard to the application of conflict of laws. Any suit, action, or proceeding arising out of or relating to this Agreement may be exclusively and confidentially litigated through two-party (not class-based) arbitration administered by the American Arbitration Association (AAA) under its then-current rules for expedited commercial disputes (except that discovery may include no more than a single eight-hour deposition by each side and the exchange of documents that either side reasonably may use at the arbitration hearing), before a single arbitrator and with the hearing occurring in Miami-Dade County, Florida within twelve (12) months of filing the arbitration demand, and the prevailing party entitled to recovery of its legal fees and costs, as determined by the arbitrator. Any injunctive relief may also be exclusively pursued through the AAA before the same arbitrator. Each party waives any right to file an action in court, or to join any class or consolidated action against the other, for claims arising out of or relating to this Agreement. The decisions of the arbitrator will be final and binding on all parties to the dispute, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator has exclusive power to rule on their own jurisdiction, including the existence, scope, waiver, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim, and to determine the existence or validity of a contract of which an arbitration clause forms a part (for this purpose alone, an arbitration clause will be treated as an agreement independent of the validity of a contract or its other terms, and all portions will be effective notwithstanding any portion being determined not to be enforceable). This provision is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory; claims that arose before the existence of this or any prior agreement (including, but not limited to, claims relating to advertising); claims for mental or emotional distress or injury not arising out of bodily injury; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and, claims that may arise after the termination of this Agreement. Nothing in this section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights. Entire Agreement The Agreement, including these Terms of Use, any other terms or conditions provided by us in connection with our Websites and/or Services, together with any and all documents referenced herein or therein, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter, unless we specifically agree otherwise in writing in a subsequent signed agreement. Without limiting the foregoing, the Agreement supersedes the terms of any online agreement electronically accepted by you. However, to the extent of any conflict or inconsistency between the provisions in these Terms of Use and any other documents or pages referenced in these Terms of Use, the following order of precedence will apply: (1) Bylaws; (2) MIAMI’s Terms of Use; (4) Privacy Policy; (5) MIAMI MLS Rules; (6) Cookie Policy; (7) the then-current Membership Agreement; and, (8) any other documents or pages referenced in these Terms of Use. Survival Any section of the Agreement that, by its terms or its nature, should survive the termination or expiration of the Agreement. Contact Us Contact us if you have any questions about the Terms of Use or any other part of the Agreement by emailing legal@miamire.com. MIAMI’S ANTITRUST POLICY MIAMI Association of REALTORS®, Inc. (“MIAMI”), a not-for-profit trade association, is the voice for real estate, influencing and shaping the industry, and is devoted to being the business and public policy advocate for REALTORS®. MIAMI meetings and events often include real estate professionals and other industry stakeholders who compete with each other or work for competing businesses. MIAMI is committed to conducting all meetings and events in a professional, ethical, and lawful manner, including adherence to all antitrust laws. This ensures pro-consumer, pro-competitive marketplaces that facilitate the sale of real estate. To that end, the topics of this event or meeting will focus on advancing the interests real estate professionals and consumers of real estate services, increasing competition, reducing risk for all parties involved in real estate transactions, and sharing insights on business best practices. The following discussion topics are always prohibited: agreements to fix prices, limiting product or service offerings, allocating geographical territory or customers, and refusing to deal. Any discussion inconsistent with this policy will not be tolerated. TERMS AND CONDITIONS OF THE MIAMI REALTORS®’ “PROMOTIONS” MIAMI Association of REALTORS®, Inc. and its parent companies, subsidiaries, affiliates, and/or its designees, if any (“MIAMI”) may, but is not obligated to, offer promotions to its members during dues billing. These “Promotions” are in connection with and incidental to the sale of consumer products or services, and in which the elements of chance and prize are present. As such, “Promotions” may include drawings by chance, drawings, raffles, contests, games of chance, sweepstakes, or gift enterprises. Promotions do not, and will never include, enterprises commonly known as “game promotions,” like bingo games, lotteries, matching, games, slot machines, instant winners, preselected sweepstakes, or any other enterprise pursuant to Fla. Stat. Sec. 849.0931, which involve the distribution of winning numbers. These are the rules governing the conduct and operation of the Promotions. MIAMI Association of REALTORS®, Inc. (“MIAMI”), with its principal place of business of 700 S. Royal Poinciana Boulevard, Suite 400, Miami, FL 33166, is the operator of the Promotions. The source of funds used to award prizes are from MIAMI’s general operating funds. MIAMI will never: (1) design, engage in, promote, or conduct a game promotion, in connection with the promotion or sale of consumer products and services, wherein the winner may be predetermined or the game may be manipulated or rigged so as to: allocate a winning game or any portion thereof certain individuals, agencies, organizations, companies, or entities; or, allocate a winning game or part thereof to a particular period of the game promotion or to a geographic area; (2) arbitrarily remove, disqualify, disallow, or reject any entry; (3) discriminate in any manner between entrants who have given contributions to MIAMI and those who have not; (4) fail to award prizes offered; (5) print, publish, or circulate literature or advertising material used in connection with such game promotions which is false, deceptive, or misleading; (6) require an entry fee, donation, contribution, substantial consideration, payment, or proof of purchase as a condition of entering a game promotion; (7) design, engage in, promote, or conduct any drawing in which the winner is predetermined by means of matching, instant win, preselected sweepstake, or otherwise, or in which selection of the winners is in any way rigged; (8) condition the drawing on a minimum number of tickets having been disbursed to contributors or on a minimum amount of contributions having been received; (9) fail to promptly notify any person whose entry is selected to win of the fact that he/she/they won; or, (10) cancel a drawing that has been printed, published, circulated, or advertised. Furthermore, MIAMI shall never indirectly or directly force or coerce anyone to purchase or participate in any Promotions. For the 2023-24 fiscal year dues billing promotions, MIAMI is offering the following two Promotions for new or existing primary or secondary REALTOR® and REALTOR-ASSOCIATE® members of MIAMI, as defined in the Bylaws (“MEMBERS”) who submit their 2023-24 fiscal year annual membership dues between May 1, 2023, and July 23, 2023. The rules for each of those Promotions are as follows: - PROMOTION #1: Daily drawings of chance of American Express gift cards - Promotion #1 details: - From May 1, 2023, through and including June 14, 2023: - MIAMI will offer daily drawings of chance of American Express gift cards to MEMBERS in the amount of one hundred dollars ($100.00) each. - From June 15, 2023, through and including July 12, 2023: - MIAMI will offer daily drawings of chance of American Express gift cards to MEMBERS in the amount of fifty dollars ($50.00) each. - Eligibility: - No purchase or contribution is necessary to enter or win. - Winners must be new or existing primary or secondary REALTOR® or REALTOR-ASSOCIATE® members of MIAMI, as defined in the Bylaws (“MEMBERS”). - As soon as MEMBERS submit payment in full for their 2023-24 fiscal year membership dues, they will automatically be entered into Promotion #1. - MEMBERS who were already entered into Promotion #1 above between May 1, 2023, and June 14, 2023, are automatically entered into the Promotion between June 15, 2023, and July 12, 2023. - MEMBERS are eligible to win more than one gift card in this Promotion #1. Winning Promotion #1 does not exclude MEMBERS from winning Promotion #2. - Date, hour, and place the winner will be chosen and the prizes will be awarded: - Starting on May 2, 2023, through and including July 13, 2023, MIAMI will conduct a daily drawing of chance for American Express gift cards in the amounts specified above. - Daily drawings of chance will be conducted as follows: each day before 5:00 PM ET, MIAMI will run a report on the number of total MEMBERS who have entered into Promotion #1 from May 1, 2023, to the day prior. MIAMI will use an internet-based random number generator to pick a number, at random, between 1 and the total number of MEMBERS in the daily report. Once a number has been generated at random, MIAMI will download the Excel spreadsheet of MEMBERS who have entered into Promotion #1 from May 1, 2023, to the day prior. The MEMBER whose name is in the row matching the number that was generated at random will be the winner for that day. For example, on May 15, 2023, MIAMI will first run a report on the total number of MEMBERS who entered into Promotion #1 from May 1, 2023, through May 14, 2023. If that number were XYZ, then MIAMI would use an internet-based random number generator to pick a number between 1 and XYZ. MIAMI would then download the spreadsheet of all MEMBERS who had entered into Promotion #1 between May 1, 2023, and May 14, 2023. If the winning number that was generated at random was X, then the MEMBER whose name appears in the column on the Excel spreadsheet next to X would be the winner of Promotion #1 on May 15, 2023. - Daily drawings of chance will not be conducted or announced on weekends or holidays. Those daily drawings of chance will be conducted on the following business day. For example, on Mondays, MIAMI will conduct three separate drawings of chance for the preceding Friday, Saturday, and Sunday. - Winners of Promotion #1 will not receive cash prizes. - Winners of Promotion #1 will receive their American Express gift cards via email at the email addresses they have previously provided to MIAMI. - PROMOTION #2: Drawings of chance on June 19, 2023, for 2023-24 FISCAL YEARS membership dues - Promotion #2 details: - MIAMI will offer the opportunity for two MEMBERS to win their membership dues paid in full by MIAMI for the 2023-24 fiscal year. - For the two MEMBERS who win Promotion #2, they will have the option to either: get a refund for their 2023-24 fiscal year membership dues; or, choose to have their 2024-25 fiscal year membership dues paid in full. NOTE that this applies only to INDIVIDUAL MEMBERS; if the winning MEMBER is a Designated REALTOR®/Broker, Promotion #2 does not apply to all of the REALTOR-ASSOCIATES®, if any, in their office. In addition, if the MEMBERS who win are Designated REALTOR®/Brokers, and those winning MEMBERS have multiple licenses with MIAMI, Promotion #2 for the payment of their 2023-24 fiscal year membership dues shall only be applied to ONE of those licenses. - Eligibility: - No purchase or contribution is necessary to enter or win. - Winners must be new or existing primary or secondary REALTOR® or REALTOR-ASSOCIATE® members of MIAMI, as defined in the Bylaws (“MEMBERS”). - MEMBERS who submit payment in full for their 2023-24 fiscal year membership dues between May 1, 2023, and June 18, 2023, will automatically be entered into Promotion #2. - MEMBERS are eligible to win one or more gift card(s) in Promotion #1; and, if they do win in Promotion #1, that does not exclude MEMBERS from winning Promotion #2. - Date, hour, and place the winner will be chosen and the prizes will be awarded: - On June 19, 2023, before 5:00 PM ET, MIAMI will conduct two drawings of chance as follows: MIAMI will run a report on the number of total MEMBERS who have entered into Promotion #2 from May 1, 2023, through and including June 18, 2023. MIAMI will use an internet-based random number generator to pick two numbers, at random, between 1 and the total number of MEMBERS in the report. Once two numbers have been generated at random, MIAMI will download the Excel spreadsheet of MEMBERS who have entered into Promotion #2. The two MEMBERS whose names are in the rows matching the numbers that were generated at random will be the winners of Promotion #2. - Winners of the Promotion will not receive cash prizes. - MIAMI will contact winning MEMBERS at the contact information they have provided to MIAMI. - OTHER TERMS AND CONDITIONS FOR BOTH PROMOTION #1 AND #2: - No Waiver. MIAMI’s failure to exercise or enforce any right, obligation, or provision of these Promotions shall not constitute MIAMI’s waiver of the same. - Membership Agreement. The terms of the then-current MIAMI Membership Agreement apply to the Promotions. This includes, but is not limited to MEMBERS’ consent to receive electronic communications, MEMBERS’ consent to receive other electronic notices, MIAMI’s photography notice, feedback, indemnification, submitting content to MIAMI, Bylaws, Code of Ethics, Terms of Use, Privacy Policy, text message terms and conditions, trademarks, governing law, jurisdiction, venue, waiver of jury trial, disputes and remedies, independence, no joint venture, integration and severability, attorneys’ fees and costs, notices to MIAMI, and notices to MEMBERS. - Promotions #1 and #2 start on May 1, 2023, and terminate on June 19, 2023. - No Assignment. MEMBERS may not assign their rights, if any, in the Promotions. - Opt-Out. If you want to opt-out of participation in the Promotions, email legal@miamire.com. DMCA Last updated January 18, 2024 If you believe that your intellectual property rights have been violated MIAMI Association of REALTORS®, Inc. and its parent companies, subsidiaries, affiliates, and/or its designees, if any (“MIAMI”), or by a third-party who has uploaded content on our site, please provide the following information to the MIAMI’s designated copyright agent listed below: - A description of the copyrighted work or other intellectual property that you claim has been infringed. It is best to be as specific as possible and to include a copy of the copyrighted work or intellectual property you are referencing. - A description of where the material that you claim is infringing is located on MIAMI’s Websites, as defined in MIAMI’s [Privacy Policy](https://www.miamirealtors.com/about-miami/privacy-policy/). - An address, telephone number and email address where MIAMI REALTORS® can contact you; and, if different, an email address where the alleged infringing party, if not MIAMI, can contact you. - A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent or by law. - 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 authorized to act on the owner’s behalf. - Your electronic or physical signature. MIAMI may request additional information before removing any infringing material. MIAMI may provide the alleged infringing party with your email address so that person can respond to your allegations. MIAMI has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. § 512(c). If you believe your copyright material is being used on this site without permission, please notify the designated agent at: MIAMI Association of REALTORS®, Inc. Attn.: David Garcia, Senior Vice President of Media and Design 700 S. Royal Poinciana Blvd., Suite 400 Miami, FL 33166 Email: david@miamire.com With a copy to: legal@miamire.com (305) 468-7000 UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. § 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers, in our MLS Rules. We reserve all rights available to us in equity and at law to enforce these laws; and, at our sole discretion, we may limit access to the Websites and/or Services of those who infringe any intellectual property rights of others, whether or not there is any repeat infringement, to the maximum extent permitted by the law. MIAMI’S POLICY ON FEES FOR PRODUCTION OF BUSINESS RECORDS IN RESPONSE TO SUBPOENAS MIAMI Association of REALTORS®, Inc. and its parent companies, subsidiaries, affiliates, and/or its designees, if any (“MIAMI”), charges for the costs and reasonable fees incurred for producing business records in response to a subpoena duces tecum (“subpoena”). Costs and reasonable fees include, but are not limited to: - Fees for searching, reviewing, duplicating, and redacting records; - Reasonable fees for attorney time spent in reviewing the subpoena and MIAMI’s response; - Expenses generated by materials and equipment used to search for, produce, and copy the responsive information; - Actual costs charged to MIAMI by a third-party for retrieval and return of records held by such third-party; - Fifteen cents per single-sided page for standard reproduction of documents of a size that is 8.5×14 inches or less; - Twenty cents per double-sided page for standard reproduction of documents of a size that is 8.5×14 inches or less; - Actual costs for the reproduction of oversized documents or the reproduction of documents requiring special processing which are made in response to a subpoena; and, - MIAMI does not charge for computer costs of retrieving data, unless such retrieval requires actual costs in accordance with Paragraph 1.D. MIAMI will furnish an itemized statement describing the actions taken to justify the costs and reasonable fees. Payment must be made to MIAMI before receiving the records responsive to a subpoena. Payments must be made via check, made payable to the MIAMI Association of REALTORS®, and sent to the attention of the Chief Legal Counsel at 700 S. Royal Poinciana Blvd., Suite 400, Miami, FL 33166. MIAMI may condition the production of records responsive to a subpoena upon advance payment of an estimate of the costs and reasonable fees that the Association expects to incur. Any difference between what was paid for the estimate and the actual costs and reasonable fees that the Association incurred will be refunded. If the subpoena is subsequently withdrawn, quashed, or modified by a party other than MIAMI, MIAMI is entitled to reimbursement for costs and reasonable fees incurred up to the time MIAMI is notified in writing of such an action. Contact MIAMI’s Legal Department via e-mail at legal@miamire.com if you have any questions. ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO COVID-19 / CORONAVIRUS Coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and increased personal protection efforts, including frequent hand washing, vaccinations, and wearing face coverings. MIAMI Association of REALTORS®, Inc. and its parent companies, subsidiaries, affiliates, and/or its designees, if any (“MIAMI,” “MIAMI REALTORS®,” “we,” “us,” and “our”), cannot guarantee that you (or those you come in close contact with) will not become infected with COVID-19. Further, attending any MIAMI event (including your travel to and from such event) could increase your risk of contracting COVID-19. By participating in MIAMI’s events and programming, you acknowledge and agree to the following: - You acknowledge the contagious nature of COVID-19 and voluntarily assume all risk that you may be exposed to or infected by COVID-19 and that such exposure or infection may result in personal injury, illness, permanent disability, and death to you or those with whom you come into close contact. - You further acknowledge and agree to accept sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, to you or those with whom you come into close contact (including your household members) (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless MIAMI Association of REALTORS®, Inc., its employees, officers, board of directors, representatives, sponsors, partners, and members of (“MIAMI”), from and against any and all Claims, including but not limited to all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You further understand and agree that this release includes any Claims based on actions, omissions, or negligence of MIAMI, whether a COVID-19 infection occurs before, during, or after participation in any MIAMI event or programming. - You agree to abide by any and all posted rules, warnings, or instructions by the venue where the event is held and any government authority with respect to social distances, adherence to any dress code (including mandatory face coverings) and sanitation guidelines. You further agree not to attend the event if you are diagnosed with or suspect that you may have been infected by COVID-19, and in the event, you become ill or suspect you have been infected with COVID-19, you agree to immediately discontinue your participation in the event and alert MIAMI via e-mail or telephone. - You agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and contact MIAMI if you experience symptoms of COVID-19 within 14 days after participating or volunteering with MIAMI. - In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in MIAMI events and/or other face to face fundraising activities. By attending a MIAMI event, you certify that you do not fall into any of the following categories: - Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath, among others. - Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or, - Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment. - You acknowledge, understand, and agree to the following: (1) participation in MIAMI’s events and programming includes possible exposure to and illness from infectious diseases including but not limited to COVID-19; and, while particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist and can never be eliminated; (2) you knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of MIAMI, as defined above; (3) You hereby knowingly assume the risk of injury, harm, and loss associated with your participation in and/or attendance at events held or sponsored by MIAMI, including but not limited to those related to illness and infectious diseases, such as COVID-19, even if caused by the negligence, fault or conduct of any kind on the part of MIAMI, as defined above; and, (4) by participating in MIAMI’s events, you hereby release, waive, and forever discharge MIAMI, as defined above, of, from, and against any and all liability, claims, and demands of whatever kind or nature, including but not limited to those related to illness and infectious diseases, such as COVID-19. By attending any event or appointment hosted by MIAMI, you acknowledge and accept the terms of this COVID-19 Waiver. If you cannot agree to or are unwilling to accept and abide by the foregoing, DO NOT ATTEND any MIAMI event or programming. Failure to agree to or abide by any of the foregoing may result in denial of entry or immediate expulsion from the event at the sole discretion of MIAMI, in addition any and all remedies which may be available to MIAMI, in equity or at law. COOKIE POLICY Last updated April 28, 2023 Tracking Cookies Data MIAMI Association of REALTORS®, Inc. and its parent companies, subsidiaries, affiliates, and/or its designees, if any (“MIAMI,” “MIAMI REALTORS®,” “we,” “us,” and “our”), uses cookies and similar tracking technologies to track the activity on our Websites and hold certain information. Cookies are small data files which are downloaded to your device when you visit a website either for the duration of your visit (a ‘session cookie’) or for repeat visits (a ‘persistent cookie’). Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow us to recognize your browser or device, which helps in the efficient operation of our services. Other similar files such as clear GIFs, web beacons and pixel tags work in the same way and we use the word ‘cookie’ in this policy to refer to all files that collect information in this way. A cookie cannot read data off your hard drive or read cookie files created by other websites. Cookies set by the website operator are called “first party cookies”. Cookies set by parties other than the website operator are called “third party cookies”. The parties that set third party cookies can recognize your web browser both when it visits our Websites and when it visits certain other websites where the third party’s cookies are also present. Data collected pursuant to first party cookies can also be shared with third parties. Depending on where you are located, you will have different options to control or opt out of the use of cookies. If you are accessing our Platform from another location, by using our Platform you consent to storage and access to cookies and other technologies on your device, in accordance with this Cookie Policy. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some or entire portions of our Websites. How We Use Cookies As described in our [Privacy Policy](https://www.sfpropertysearch.com/en/r/privacy-policy), MIAMI uses cookies and other technologies to provide our Websites and to enhance your experience. This Cookie Policy sets out some further detail on how and why we use these technologies on our Websites, which is defined in our Privacy Policy and includes, but is not limited to any website, application, or service we offer. Cookies serve a variety of functions, like enabling us to remember certain information you provide to us as you navigate between pages on the Platform. We use cookies for the following purposes: - Authentication: We need to use cookies to enable you to log into secure areas of our Platform. In addition, we may employ third-party services that may use cookies to help you sign into their services from our Websites. - Services, features, and preferences: We use cookies, like session cookies, to operate our Websites and to provide functionality and help us deliver our products and services according to your preferences in the following ways. - To facilitate communications: We automatically receive information about communications sent and received using our Websites. - To remember your settings and preferences: We use cookies to recognize your browser and remember your preferences (such as your preferred language). - To improve performance: We use cookies to provide the best experience. For example, we use cookies to speed up the loading of our Websites. - To process payments: Our third-party payment processors may use cookies as part of the payment flow. - Security: We use cookies to support or enable security features we have deployed, and to help us detect malicious activity and violations of our Terms of Use. These cookies help us prevent fraudulent use of login credentials. - Performance, Analytics and Research: We use cookies to help us analyze how the Websites are being accessed and used, and enable us to track performance of the Websites. This helps us to understand, improve, and research features and content on the Platform. We may also use other services, such as Google Analytics or other third-party cookies and related technologies, to assist with analyzing performance on our Websites. As part of providing these services, these partners may use cookies and the technologies described below to collect and store information about your device, such as time of visit, pages visited, time spent on each page of the Websites, links clicked and conversion information, IP address, browser, mobile network information, and type of operating system used. - Advertising: We and any third-party advertising partners use cookies to display ads to you on our Websites and on third party websites or online services, to make those ads more relevant to your interests, and to analyze the effectiveness of ad campaigns. Our first party cookies record your visit to our Websites, the pages you have visited, and the links you have followed, so that we can share relevant ads about MIAMI’s services and other products with you on our Platform and on third party websites or online services. Our advertising partners may include advertisers, advertising service providers, and third-party publishers. They may collect cookie and other information about your activity across different websites, including our Websites, and across your different devices to infer your interests, develop personalized content and deliver ads that may be relevant to you. Duration of Cookies Some cookies, known as “session cookies”, will stay on your device only for as long as you are accessing our Websites. Others, known as “persistent cookies,” are stored on your device for longer periods. Other Technologies - Use of Other Technologies. We may allow others to provide analytics services and serve advertisements on our behalf. In addition to the uses of cookies described above, these entities may use other methods, such as the technologies described below, to collect information about your use of the Websites and other websites and online services. - Pixels tags. Pixel tags (which are also called clear GIFs, web beacons, or pixels), are small pieces of code that can be embedded on websites (including MIAMI’s Websites) and emails. Pixels tags may be used to learn how you interact with our site pages and emails, and this information helps us and our partners provide you with a more tailored experience. - Device Identifiers. A device identifier is a unique label can be used to identify a mobile device. Device identifiers may be used to track, analyze, and improve the performance of the Websites and ads delivered. - Local storage. Local storage is an industry-standard technology that enables the storage and retrieval of data on a computer, mobile phone, or other device. Local storage may be used to store member preferences on devices. Note that because this choice is a cookie-based mechanism, there are limitations on whether it applies across devices or on other browsers. Revisions to this Cookie Policy We may modify this Cookie Policy from time to time, and reserve the right to do so with or without prior notice. When we do, we will provide notice to you by publishing the most current version on our Websites and revising the date at the top of this section. By continuing to use the Websites after any changes come into effect, you agree to the revised Cookie Policy. If you do not agree with all or part of this Cookie Policy, do not use MIAMI’s Websites. How to Contact Us If you wish to contact us with any queries or concerns, please contact us at legal@miamire.com.