Terms of Service

    Last Updated: January 2025

    These Terms of Service ("Terms") govern your access to and use of joesouthardrealtor.com (the "Site"), owned and operated by Joe Southard ("we," "us," "our"). By accessing or using the Site, submitting contact forms, requesting information, or engaging with our services, you agree to be legally bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Site.

    1. Acceptance of Terms

    By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and Joe Southard.

    If you are using the Site on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and your acceptance of these Terms will be deemed acceptance by that entity.

    2. Eligibility

    You must be at least 18 years of age to use the Site or submit any information through our contact forms. By using the Site, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.

    The Site is intended for users located in the United States, particularly those interested in real estate services in the Orlando, Florida area. If you are accessing the Site from outside the United States, you are responsible for compliance with local laws.

    3. Description of Services

    The Site provides information about real estate services offered by Joe Southard, a licensed Florida real estate agent affiliated with Charles Rutenberg Realty. Services include, but are not limited to:

    • Property listings and search functionality for homes in East Orlando, Florida
    • Market analysis, home valuations, and neighborhood information
    • Contact forms and inquiry submission for prospective buyers and sellers
    • Email newsletters, property alerts, and market updates
    • SMS text message alerts and appointment reminders
    • Educational resources and blog content related to real estate
    • Links to third-party resources, including MLS listings and mortgage calculators

    The Site is for informational and marketing purposes only. The information provided does not constitute an offer to sell or purchase real estate, nor does it create a client-agent relationship unless a formal representation agreement is executed.

    4. Permitted and Prohibited Uses

    4.1 Permitted Uses

    You may use the Site for lawful purposes, including:

    • Browsing property listings and market information
    • Submitting inquiries about real estate services
    • Subscribing to newsletters and property alerts
    • Accessing educational content and resources

    4.2 Prohibited Uses

    You agree not to use the Site for any unlawful or prohibited purposes, including but not limited to:

    • Violating any local, state, federal, or international law or regulation
    • Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity
    • Interfering with or disrupting the Site or servers or networks connected to the Site
    • Using any automated system (including robots, scrapers, or data mining tools) to access or collect data from the Site without our prior written consent
    • Attempting to gain unauthorized access to any portion of the Site, other user accounts, or computer systems or networks connected to the Site
    • Transmitting any viruses, worms, malware, or other malicious code
    • Harvesting or collecting email addresses or other contact information from the Site
    • Using the Site to send unsolicited advertising, spam, or other unauthorized communications
    • Copying, modifying, distributing, or creating derivative works of any content on the Site without prior written consent
    • Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Site

    We reserve the right to investigate and take appropriate legal action against anyone who violates these prohibited uses, including removing content, suspending or terminating accounts, and reporting offenders to law enforcement authorities.

    5. User Submissions and Communications

    By submitting information through our contact forms, email, SMS, or other communication channels, you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and display such information for purposes of providing services, improving the Site, and marketing our real estate services.

    You represent and warrant that any information you submit is accurate, complete, and does not violate any third-party rights or any applicable laws. You are solely responsible for the content of your submissions.

    We reserve the right, but have no obligation, to monitor, review, edit, or remove any user submissions that we determine, in our sole discretion, violate these Terms or are otherwise objectionable.

    Do not submit any confidential, sensitive, or proprietary information (such as financial account numbers, social security numbers, or passwords) through unsecured contact forms or email. We are not responsible for the security of information transmitted through these channels.

    6. No Professional Advice; Scope of Services

    6.1 Informational Purposes Only

    All content on the Site, including property listings, market data, blog posts, and educational materials, is provided for general informational purposes only and does not constitute professional real estate, legal, financial, tax, or investment advice.

    You should not rely solely on the information provided on the Site to make decisions about buying, selling, or investing in real estate. We strongly recommend that you consult with qualified professionals, including real estate agents, attorneys, financial advisors, tax consultants, and home inspectors, before making any real estate decisions.

    6.2 Scope of Real Estate Services

    Joe Southard is a licensed Florida real estate agent (License #SL3516393) affiliated with Charles Rutenberg Realty. Real estate services are provided only within the scope of Florida real estate law and only in jurisdictions where Joe Southard is licensed to practice.

    Joe Southard is not licensed to provide legal, financial, tax, insurance, or investment advice. Any such matters should be directed to appropriately licensed professionals.

    No client-agent relationship is created by your use of the Site or submission of information through contact forms. A formal representation agreement must be executed before Joe Southard can act as your real estate agent.

    7. Accuracy and Timeliness of Information

    7.1 Property Listings and MLS Data

    Property listings, descriptions, photographs, prices, and availability information are obtained from third-party sources, including Multiple Listing Services (MLS), and are believed to be accurate but are not guaranteed. Property information is subject to change without notice, and properties may be sold, withdrawn, or have price changes at any time.

    We make no representations or warranties regarding the accuracy, completeness, or timeliness of property listings or other information displayed on the Site. You should independently verify all information before making any decisions.

    7.2 Market Data and Valuations

    Market analyses, home valuations, neighborhood statistics, and comparable sales data provided on the Site are estimates based on available data and are not appraisals or guarantees of value. Actual property values may differ and should be confirmed through a professional appraisal.

    7.3 No Warranty of Content

    The Site and all content are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

    8. Intellectual Property Rights

    8.1 Ownership of Site Content

    All content on the Site, including but not limited to text, graphics, logos, images, photographs, videos, software, and the overall design and layout of the Site, is the property of Joe Southard, Charles Rutenberg Realty, or third-party licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

    Property listing photographs and descriptions may be subject to copyright by property owners, photographers, or MLS providers. Use of such content is restricted to viewing on the Site for personal, non-commercial purposes only.

    8.2 Limited License

    We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes in accordance with these Terms. This license does not include any right to:

    • Reproduce, distribute, modify, or create derivative works of any Site content
    • Use any content for commercial purposes without prior written consent
    • Remove or alter any copyright, trademark, or other proprietary notices
    • Scrape, data mine, or otherwise extract data from the Site using automated tools

    8.3 Trademarks

    "Joe Southard," "Joe Southard," and related marks are trademarks or service marks of Joe Southard. "Charles Rutenberg Realty" and related marks are trademarks of Charles Rutenberg Realty. Other trademarks, service marks, and logos appearing on the Site are the property of their respective owners. You may not use any trademarks without prior written permission from the trademark owner.

    9. Third-Party Links and Services

    The Site may contain links to third-party websites, services, and resources, including but not limited to:

    • MLS property listing databases
    • Mortgage calculators and lending institutions
    • Home inspection and appraisal services
    • Title companies and escrow services
    • Social media platforms (Facebook, Instagram, LinkedIn)
    • Google Maps and mapping services

    These links are provided for your convenience only. We do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. Your interactions with third-party sites are governed by their respective terms and policies.

    We are not liable for any damages, losses, or issues arising from your use of third-party websites or services. You access third-party links at your own risk and should review their terms and privacy policies before providing any information.

    10. Digital Marketing and Communications

    10.1 Email Marketing

    By providing your email address, you consent to receive marketing communications from us, including property alerts, newsletters, market updates, and promotional offers. You may unsubscribe at any time by clicking the unsubscribe link in any email or contacting us directly.

    10.2 SMS Text Messaging

    By providing your mobile phone number and opting in to receive text messages, you expressly consent to receive SMS communications from us, including appointment reminders, property alerts, and marketing messages. Message and data rates may apply. You may opt out at any time by replying STOP to any text message.

    10.3 Cookies and Tracking Technologies

    We use cookies, web beacons, pixels, and similar tracking technologies to collect information about your use of the Site and to deliver targeted advertisements. By using the Site, you consent to the use of these technologies as described in our Privacy Policy.

    10.4 Advertising and Retargeting

    We use third-party advertising services, including Google Ads and Facebook Pixel, to deliver personalized advertisements and track conversions. These services may collect information about your online activity to show you relevant ads on other websites and platforms. You may opt out of interest-based advertising through the opt-out mechanisms described in our Privacy Policy.

    11. Disclaimers and Limitations of Liability

    11.1 Disclaimer of Warranties

    TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

    WE DO NOT WARRANT THAT:

    • THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
    • THE INFORMATION PROVIDED ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT
    • ANY DEFECTS OR ERRORS WILL BE CORRECTED
    • THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

    11.2 Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY LAW, Joe Southard, Charles Rutenberg Realty, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

    • LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
    • LOSS OF DATA OR INFORMATION
    • BUSINESS INTERRUPTION
    • PERSONAL INJURY OR PROPERTY DAMAGE
    • ANY OTHER LOSSES OR DAMAGES ARISING FROM YOUR USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED

    THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR ACCESSING OR USING THE SITE, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

    11.3 State Law Variations

    Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

    12. Indemnification

    You agree to indemnify, defend, and hold harmless Joe Southard, Charles Rutenberg Realty, and their respective officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

    • Your use or misuse of the Site
    • Your violation of these Terms
    • Your violation of any third-party rights, including intellectual property, privacy, or other proprietary rights
    • Any content or information you submit through the Site
    • Any negligent or wrongful conduct by you or anyone using your account

    13. Termination and Suspension

    We reserve the right, in our sole discretion, to terminate or suspend your access to the Site, in whole or in part, at any time and for any reason, without prior notice or liability. Grounds for termination may include, but are not limited to:

    • Violation of these Terms or any applicable laws
    • Fraudulent, abusive, or harmful conduct
    • Unauthorized use of automated systems or data scraping
    • Any other conduct that we determine, in our sole discretion, is inappropriate or harmful

    Upon termination, your right to access and use the Site will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification obligations.

    14. Dispute Resolution and Arbitration

    14.1 Informal Resolution

    Before initiating any formal dispute resolution process, you agree to contact us at JoeSouthardRealtor@gmail.com to attempt to resolve the matter informally. We will make reasonable efforts to resolve disputes in good faith.

    14.2 Binding Arbitration

    If we are unable to resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, rather than in court.

    The arbitration shall be conducted in Orange County, Florida, or remotely via video conference. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

    14.3 Class Action Waiver

    YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

    14.4 Exceptions to Arbitration

    Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

    15. Governing Law and Jurisdiction

    These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.

    For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in North Carolina. You waive any objection to venue or inconvenient forum.

    16. Severability

    If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

    17. Entire Agreement

    These Terms, together with our Privacy Policy, constitute the entire agreement between you and Joe Southard regarding your use of the Site and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

    18. Waiver

    Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or our right to enforce it in the future. No waiver of any term shall be deemed a further or continuing waiver of that term or any other term.

    19. Assignment

    You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

    20. Changes to These Terms

    We reserve the right to modify, update, or replace these Terms at any time, in our sole discretion. Changes will be effective immediately upon posting the updated Terms on the Site with a new "Last Updated" date.

    Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically for updates. If you do not agree to the updated Terms, you must stop using the Site.

    21. Contact Information

    If you have any questions, concerns, or requests regarding these Terms or your use of the Site, please contact us at:

    Joe Southard
    Charles Rutenberg Realty
    Florida Real Estate License #SL3516393
    Email: JoeSouthardRealtor@gmail.com
    Phone: (407) 791-3754
    Website: joesouthardrealtor.com

    BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.