Follow Me Realty Terms and Conditions of Use
Effective as of 02/11/2017
2 Changes to the Agreements
3 Follow Me Realty Agent Access
4 Rights we grant you
5 Third Party Applications
6 User-Generated Content
7 Rights you grant us
8 User guidelines
9 Service limitations and modifications
10 Customer Support
11 Payments, cancellations, and trials
12 Term and termination
13 Warranty and disclaimer
15 Third party rights
16 Entire agreement
17 Severability and waiver
20 Contact us
Hello, and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them and other terms referenced in this document carefully. We hope you're ready to discover a whole new way to real estate!
Thanks for choosing Follow Me Realty (“Follow Me Realty”, “we”, “us”, “our”). By signing up or otherwise using the Follow Me Realty service, public and private-facing portion of our websites, and software applications (together, the “Follow Me Realty Service” or “Service”), or accessing any content or material that is made available by Follow Me Realty through the Service (the “Content”) you are entering into a binding contract with the Follow Me Realty entity indicated at the bottom of this document.
Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Independent Contractor Agreement, or ICA. (The Terms, ICA, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on Follow Me Realty's website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Follow Me Realty Service or consume any Content.
Please read the Agreements carefully. They cover important information about Follow Me Realty's Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, and privacy information.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the Follow Me Realty's Service and access the Content displayed under Agent Access, you need to (1) be 18 or older, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a state where the Service is available. You also promise that any registration information that you submit to Follow Me Realty is true, accurate, and complete, and you agree to keep it that way at all times.
2 Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.
3. Follow Me Realty Agent Access
Here’s some information about all the ways you can utilize Follow Me Realty's Services.
3.1 Our Services & Paid Subscriptions
Follow Me Realty is a real estate brokerage firm, created for the purpose of sales associate license activation, as well as training, resources, references and content related to real estate sales. Additionally, Follow Me Realty offers strategies in entrepreneurship, in developing strategic campaigns that drive brand awareness and create industry buzz. Certain Follow Me Realty services are provided to you free-of-charge. Other Follow Me Realty services require payment before you can access them. The Follow Me Realty services that may be accessed after payment are currently referred to as "Agent Access”. The service provided to our agent recruiters is currently referred to as the "Passive Income Program".
3.2 Passive Income Program
If you are joining Follow Me Realty's Passive Income Program as an active recruiter, separate terms and conditions presented to you along with a Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Follow Me Realty reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR FOLLOW ME REALTY ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR FOLLOW ME REALTY ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR FOLLOW ME REALTY ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR FOLLOW ME REALTY ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, FOLLOW ME REALTY WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
4 Rights we grant you
The Follow Me Realty Service and the Content are the property of Follow Me Realty or Follow Me Realty's licensors. We grant you a limited, non-exclusive, revocable license to make use of the Follow Me Realty Service, and a limited, non-exclusive, revocable license to make personal, non-commercial, and commercial use of the Content (the “License”), where . This License shall remain in effect until and unless terminated by you or Follow Me Realty. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Follow Me Realty Service or the Content.
The Follow Me Realty software applications and the Content are licensed, not sold, to you, and Follow Me Realty and its licensors retain ownership of all copies of the Follow Me Realty software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All Follow Me Realty trademarks, service marks, trade names, logos, domain names, and any other features of the Follow Me Realty brand (“Follow Me Realty Brand Features”) are the sole property of Follow Me Realty or its licensors. The Agreements grant you any rights to use any Follow Me Realty Brand Features whether for commercial or non-commercial use, as a paid subscriber and licensee under Follow Me Realty.
You agree to abide by our Terms and Conditions of Use, as well as the Independent Contractor Agreement and not to use the Follow Me Realty Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Follow Me Realty grants no right, title, or interest to you in the Follow Me Realty Service or Content.
Third party software included in the Follow Me Realty Service are licensed to you either under the Agreements or under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
5 Third Party Applications
The Follow Me Realty Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Follow Me Realty does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
6 User-Generated Content
Follow Me Realty users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Follow Me Realty Support Community as well as any other part of the Follow Me Realty Service.
You promise that, with respect to any User Content you post on Follow Me Realty, (1) you have the right to post such User Content, and (2) such User Content, or its use by Follow Me Realty as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Follow Me Realty or any artist, band, label, entity or individual without express written consent from such individual or entity.
Follow Me Realty may, but has no obligation to, monitor, review, or edit User Content. In all cases, Follow Me Realty reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Follow Me Realty's sole discretion, violates the Agreements. Follow Me Realty may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Follow Me Realty is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST Follow Me Realty RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD FOLLOW ME REALTY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
7 Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Follow Me Realty Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Follow Me Realty Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Follow Me Realty (e.g. podcasts) may contain advertising as part of the Content. In such cases, Follow Me Realty will make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to Follow Me Realty in connection with the Follow Me Realty Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Follow Me Realty to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Follow Me Realty a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content, including VOW and IDX integrated listings, in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
8 User guidelines
Follow Me Realty respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Follow Me Realty stays useful for all users and real estate licensees. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- using the Follow Me Realty Service to import or copy any local files you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from an authorized Device to any other Device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Follow Me Realty Service, Content or any part thereof unless permitted by applicable law;
- circumventing any technology used by Follow Me Realty, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the Follow Me Realty Service or the Content;
- circumventing any territorial restrictions applied by Follow Me Realty or it licensors;
- artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Follow Me Realty Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person’s username and password;
- “crawling” the Follow Me Realty Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Follow Me Realty; or
- selling a user account, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or the content included on an account.
Please respect Follow Me Realty, the owners of the Content, and other real estate licensees of the Follow Me Realty Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Follow Me Realty or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- uses automated means to artificially promote content;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Follow Me Realty user community;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Follow Me Realty;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Follow Me Realty;
- interferes with or in any way disrupts the Follow Me Realty Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Follow Me Realty's computer systems, network, usage rules, or any of Follow Me Realty's security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by Follow Me Realty.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Follow Me Realty Agent Access account, and deactivation of your sales associate license through the Department of Real Estate with the Department of Business and Professional Regulation (where applicable).
Please be thoughtful about how you use the Follow Me Realty Service and how you present yourself as a Florida Real Estate sales associate. The Follow Me Realty Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Follow Me Realty or across the web, including listings, open house events, or any other real estate related marketing. Follow Me Realty has no responsibility for your choices to post material on the comments section of any training in Agent Access.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9 Service limitations and modifications
Follow Me Realty will make reasonable efforts to keep the Follow Me Realty Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Follow Me Realty reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Follow Me Realty Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Follow Me Realty Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Follow Me Realty permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and trials section), Follow Me Realty will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Follow Me Realty has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Follow Me Realty and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
10 Customer support
For customer support with account-related and payment-related questions, please submit a support requests using the Customer Service contact form section of your Agent Access account. General questions can also be answered vis chat support on the site. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame. Active sales associates licensed with Follow Me Realty take priority, and we make no guarantees or warranties of any kind that any Snapchat Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
11 Payments, cancellations, and trials
Paid Subscriptions can be purchased either by paying a monthly subscription fee through our signup page. Trial periods give you access to Follow Me Realty for a 48 period at which time you agree to submit Florida Real Estate Licensee information (license number, license status, signed Independent Contractor agreement) through the appropriate directed channels upon signup. When you register for a Paid Subscription or Trial, you consent to get access to Follow Me Realty Agent Access immediately. Refunds will not, however, be provided if you have accessed Follow Me Realty Agent Login at any time after the 48 hour trial period ends.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Follow Me Realty will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed Follow Me Realty, or (2) before the end of the current subscription period, we will not refund any subscription fees already paid to us.
If you wish to receive a full refund of your current subscription period before cancellation, you must email firstname.lastname@example.org
Follow Me Realty may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Follow Me Realty Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Follow Me Realty Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
12 Term and termination
The Agreements will continue to apply to you until terminated by either you or Follow Me Realty. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Follow Me Realty may terminate the Agreements or suspend your access to the Follow Me Realty Service at any time, including in the event of your actual or suspected Follow Me Realty use of the Follow Me Realty Service and/or Content, or non-compliance with the Agreements. If you or Follow Me Realty terminate the Agreements, or if Follow Me Realty suspends your access to the Follow Me Realty Service, you agree that Follow Me Realty shall have no liability or responsibility to you and Follow Me Realty will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Follow Me Realty account, please contact us at email@example.com. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
13 Warranty and disclaimer
WE ENDEAVOR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE FOLLOW ME REALTY SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE FOLLOW ME REALTY SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOLLOW ME REALTY AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, FITNESS, OR FINANCIAL SUCCESS AS A REAL ESTATE LICENSEE FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER FOLLOW ME REALTY NOR ANY OWNER OF CONTENT WARRANTS THAT THE FOLLOW ME REALTY SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, FOLLOW ME REALTY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE FOLLOW ME REALTY SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT FOLLOW ME REALTY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE FOLLOW ME REALTY SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM FOLLOW ME REALTY SHALL CREATE ANY WARRANTY ON BEHALF OF FOLLOW ME REALTY IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE FOLLOW ME REALTY SERVICE IS TO STOP USING THE FOLLOW ME REALTY SERVICE. WHILE FOLLOW ME REALTY ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO FOLLOW ME REALTY, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FOLLOW ME REALTY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE FOLLOW ME REALTY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER FOLLOW ME REALTY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE FOLLOW ME REALTY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO FOLLOW ME REALTY DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Follow Me Realty's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
15 Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Follow Me Realty, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
16 Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Follow Me Realty, the Agreements constitute all the terms and conditions agreed upon between you and Follow Me Realty and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the Follow Me Realty Service may be governed by additional agreements. That could include, for example, Florida Real Estate sales/brokers license activation, Florida Association of REALTORS® membership and access to the Follow Me Realty Recruiting Service (including promotional content, training materials, transaction management and any use of Follow Me Realty's brand logo). When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms will be provided upon license transfer and induction into the Passive Income Program. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Follow Me Realty may assign the Agreements or any part of them, and Follow Me Realty may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
18 Severability and Waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Follow Me Realty or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Follow Me Realty's or the applicable third party beneficiary’s right to do so.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Follow Me Realty harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Follow Me Realty Service; and (4) your violation of any law or the rights of a third party.
Thank you for reading our Terms. We hope you enjoy Follow Me Realty!
20 Contact us
Follow Me Realty may be contacted here.
Follow Me Realty Inc.
3030 N. Rocky Point Drive, Ste 150A
Tampa, FL 33607