Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Florida Real Estate Marketing Association website at flrema.org and all related services (collectively, the "Services"). The Services are provided by Florida Real Estate Marketing Association, Inc. ("FLREMA," "we," or "us"), a Florida corporation.
By creating an account, accessing, or using the Services, you ("Member" or "you") agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.
Important provisions you should read carefully: these Terms contain a binding individual arbitration provision, class-action waiver, and jury-trial waiver (Section 14), a limitation of liability (Section 13), an indemnification obligation (Section 12), and a data, automated-processing, and mandatory verification provision (Section 7) that materially affect your legal rights. You should not be surprised if there are errors in any data, fact, document, report, or result you receive from or through the Services. You should be surprised if there are none. Section 7 explains why, and what you are required to do about it.
1. Eligibility
You may use the Services only if you are:
- At least 18 years old;
- An individual (not a company or other entity) who holds an active Florida real estate license in Current/Active status issued by the Florida Department of Business and Professional Regulation (DBPR); and
- Capable of forming a legally binding contract under applicable law.
We verify your active Florida license at the time of account creation by cross-referencing your submitted license number and last name against the DBPR public licensee directory. We may re-verify your license status at any time. If your license lapses, becomes inactive, or is revoked, your account may be suspended or terminated.
2. Account creation and security
You must provide accurate, current, and complete information at signup, including your real name as it appears on your Florida real estate license, a valid email address, and your DBPR-issued license number. You may not impersonate another person, falsify your license number, or create an account for someone other than yourself.
You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account. You will notify us immediately at info@flrema.org of any unauthorized use of your account.
3. Membership and benefits
3.1 Free founding cohort; tier introduction
During the founding cohort, FLREMA membership is free. We may introduce paid membership tiers in the future, including without limitation Pro, Elite, and Top Producer Circle tiers. We will provide notice of any new paid tier and its pricing, and existing founding members will be eligible for grandfathered pricing as described on the Membership page at the time of paid-tier launch.
FLREMA does not represent or warrant that any specific tools, content, partnerships, or features will be available at any specific time. The Services are provided as they are made available from time to time.
3.2 Paid subscriptions (if and when offered)
Any paid membership tier offered by FLREMA will be sold subject to a separate Subscription Agreement that will disclose, clearly, conspicuously, and before any charge is incurred: (a) the price, billing cadence, and the fact that the subscription automatically renews at the end of each billing cycle until you cancel it; (b) the deadline and method to cancel; (c) the cancellation method, which will be available within your account and will require no more steps to complete than the original signup; and (d) that you will receive a renewal-reminder notice by email no fewer than thirty (30) days before any renewal of an annual subscription, in accordance with Florida Statutes § 501.165 (Florida automatic-renewal statute), the federal Restore Online Shoppers' Confidence Act (15 U.S.C. § 8401 et seq.), and the FTC Negative Option Rule (16 C.F.R. Part 425), to the extent each applies.
By accepting a paid subscription you affirmatively assent to the auto-renewal, the recurring charge to your payment method on file, and the cancellation terms presented at signup for that tier. You may cancel at any time before the next renewal; cancellation takes effect at the end of the then-current billing period, and (unless otherwise required by law) you will not receive a refund for the unused portion of the period.
4. Acceptable use
You agree to comply with our Acceptable Use Policy, which is incorporated by reference into these Terms and may be updated from time to time. Without limiting the AUP, you agree NOT to use the Services to:
- Violate any applicable law, regulation, or licensure requirement (including without limitation the Fair Housing Act, 42 U.S.C. § 3601 et seq.; Florida Administrative Code Rule 61J2-10.025; or the Florida Realtors® / NAR Codes of Ethics if applicable to you);
- Submit false, misleading, or fraudulent license information;
- Impersonate any person or entity, including any other FLREMA member or any real estate licensee;
- Use the Services to harass, threaten, defame, or violate the rights of any person;
- Attempt to gain unauthorized access to the Services, other accounts, or our systems;
- Interfere with or disrupt the Services, including via denial-of-service, scraping, automated requests, or prompt-injection attacks against AI tools;
- Use the Services to generate, distribute, or display content that violates the Fair Housing Act, contains protected-class language or steering, makes false or misleading claims about properties, or violates Florida real estate advertising rules;
- Reverse engineer, decompile, or attempt to extract the source code of the Services, except as permitted by applicable law;
- Resell, sublicense, or commercially exploit the Services or their output without our prior written consent.
5. Member content
You retain ownership of content you submit to the Services (your "About Me" bio, AI tool inputs, and any other text or material you provide — "Member Content"). You grant FLREMA a non-exclusive, royalty-free, worldwide license to host, store, process, transmit, display, and use Member Content solely as necessary to provide and improve the Services and to comply with legal obligations.
You represent and warrant that Member Content is your own original work, does not infringe any third-party rights, and does not violate any law. You agree not to submit Member Content that contains protected-class language, defamatory statements, or unauthorized use of third-party trademarks.
6. REALTOR® certification mark
REALTOR® and REALTORS® are federally registered certification marks owned by the National Association of REALTORS® ("NAR"). FLREMA is not affiliated with NAR. Use of the REALTOR® mark is limited to current NAR members in good standing and is subject to NAR's trademark rules.
You may not use REALTOR®, REALTORS®, or any close variant in your FLREMA profile, content, or marketing materials unless you are a current NAR member in good standing and your use complies with NAR's policies. Our system scans your submitted content for the term and may require you to affirm your current NAR membership before saving content that contains the mark. The affirmation, the content you submitted, and related metadata are logged for trademark-compliance purposes.
You represent that any use of REALTOR® on the Services is accurate and compliant with NAR rules. You will indemnify FLREMA for any claim arising from your unauthorized or non-compliant use of the REALTOR® mark or any other third-party trademark.
7. Data, automated processing, and your mandatory verification obligation
THIS SECTION IS CRITICAL. READ IT CAREFULLY. It applies whether or not any specific tool, dataset, or feature involves artificial intelligence.
7.1 Scope — what counts as "FLREMA Output"
This Section 7 applies to all data, facts, figures, calculations, opinions, narratives, documents, reports, scripts, checklists, descriptions, summaries, prefilled forms, generated content, and any other output of any kind that is in any way sourced from, generated by, retrieved through, processed by, displayed on, cached by, or otherwise related to the Services (collectively, the "FLREMA Output"). This includes without limitation:
- AI-generated marketing copy, listing descriptions, CMA narratives, insurance-conversation scripts, seller-disclosure prep materials, walkthrough scripts, checklists, agent notes, and any other text composed by a large language model on your behalf;
- Property data retrieved from county property appraisers (including by web scraping classic-ASP, HTML, or single-page-application web pages), ArcGIS REST FeatureServer or MapServer endpoints, the U.S. Census Bureau Geocoder, FEMA NFHL flood-zone services, the Florida DBPR licensee directory, county tax-collector and clerk-of-courts sites, the Florida Sunbiz entity database, and any other public or third-party data source we access on your behalf;
- Owner names, mailing and site addresses, beds, baths, square footage, year built, lot size, stories, construction details (roof, exterior wall, HVAC), extra features (pool, patio), legal descriptions, subdivision and neighborhood names, plat references, primary zoning, market and assessed values, multi-year value histories, sales histories, deed types and qualified-sale flags, exemption and homestead status, Save Our Homes cap values, taxable values, FEMA flood zone designations, geocoded latitude and longitude, and any other property-related field;
- Pre-filled values in any FLREMA form, including without limitation values pre-populated into the Listing Description, CMA Narrative, Insurance Conversation, and Seller Disclosure Prep tools;
- Any data merged, derived, computed, joined, summarized, composed, normalized, classified, geocoded, parsed, or otherwise transformed by FLREMA's automated systems from any of the above sources.
7.2 FLREMA Output is provided AT YOUR SOLE RISK and WITHOUT WARRANTY of any kind
The Services aggregate data from heterogeneous public and third-party sources and apply automated extraction techniques (including web scraping, HTML parsing, regular-expression extraction, JSON parsing, ArcGIS REST queries, geocoding, caching, cross-source merging, and natural-language processing by large language models). None of this is guaranteed to be accurate, complete, current, fit for any particular purpose, or compliant with any law or professional rule. The source data may be wrong. The processing may be wrong. The output may be wrong. You use the Services and the FLREMA Output at your own personal and business risk.
7.3 Why errors are not only possible but expected
You acknowledge and accept that:
- Source data is owned and controlled by third parties. County property appraisers, federal and state agencies, mapping services, and AI providers change their websites, data formats, field names, URL schemes, and publication schedules without notice to FLREMA. When they do, FLREMA's automated tools may silently return stale, partial, missing, transposed, or incorrect data until the tools are repaired.
- Public records contain errors of their own. County records contain transcription errors, outdated assessments, late or missing deed entries, mis-spelled owners, incorrect square footage, stale tax-exemption flags, and other defects. The Services pass these defects through without independent verification.
- Web scraping is inherently fragile. When a source page's HTML structure changes — even cosmetically — parsers may extract the wrong field, fail to extract at all, or produce nonsensical results that look plausible.
- Caches may serve stale data. The Services cache responses from public sources for performance and to remain polite to source operators. Cached results may be hours, days, or weeks old.
- Geocoded coordinates may map to the wrong parcel, producing wrong FEMA flood-zone determinations or other location-dependent results.
- AI models are non-deterministic and may hallucinate. Large language models occasionally fabricate facts, miss Fair Housing issues, reproduce or amplify data inconsistencies, or produce plausible-sounding but materially incorrect statements.
- Cross-source merges may produce conflicts. When the Services combine data from multiple sources for the same parcel and the sources disagree, the displayed value may be wrong.
- Address normalization is imperfect. Florida has 67 counties with different address-formatting conventions. The Services may match the wrong parcel, fail to match the correct one, or produce ambiguous results.
- Florida's roll cycle, certification dates, and TRIM-notice timing mean that values labeled "current" on a county source may already be superseded or may not yet be certified.
This list is not exhaustive. You acknowledge that automated systems aggregating heterogeneous public data at scale will produce errors of kinds not anticipated when these Terms were written.
You should not be surprised if there are errors in any FLREMA Output. You should be surprised if you find none. This is the nature of automated systems aggregating heterogeneous public data sources at scale. By accessing or using the Services, you affirm that you understand and accept this characteristic, that you have been clearly warned, and that you proceed knowingly.
7.4 Your mandatory verification obligation
As a condition of using the Services, you agree that:
- You will independently verify every material input you provide to the Services, every step of automated processing whose result you intend to rely on, and every conclusion, document, report, narrative, value, or other piece of FLREMA Output against authoritative sources before any use whatsoever. "Use" includes without limitation publishing, sharing, presenting, distributing, submitting, signing, sending, relying on, quoting, paraphrasing, screenshotting, forwarding, archiving, or otherwise acting on any FLREMA Output.
- Authoritative sources include, as appropriate to the use case: the county property appraiser's own website; your local MLS; recorded deed, tax, and lien records; your direct on-site inspection of the property; licensed survey, title, appraisal, inspection, environmental, and engineering professionals; insurance agents; attorneys; the buyer's or seller's own representations; and any other professional or primary source appropriate to the task.
- You will read every word of any AI-generated content before publication and edit it as needed. You will not rely on FLREMA's Fair Housing scanning, output formatting, REALTOR®-mark detection, or any other automated guardrail as a substitute for your own review.
- You will treat all pre-filled form values as starting points to verify and edit, not as ground truth.
- You will not present any FLREMA Output to a client, buyer, seller, agent, broker, lender, insurer, regulator, court, arbitrator, or any other third party without first verifying that the output is accurate, complete, current, and appropriate for that audience and that purpose.
- If you discover an error in any FLREMA Output, you will not rely on similar output from the same source or tool without re-verification, and you are encouraged (but not required) to report the error to info@flrema.org.
7.5 Specific non-warranties
Without limiting Section 13, FLREMA expressly does not warrant any of the following with respect to FLREMA Output:
- Accuracy, completeness, currentness, timeliness, or correctness;
- That data sourced from public records matches the underlying official records;
- That automated extraction, parsing, merging, geocoding, caching, or any other processing step was performed correctly or without bugs;
- That AI-generated content is factually correct, free of fabrication, legally compliant, or Fair-Housing compliant;
- That cached data is current;
- That FEMA flood-zone determinations match the official Flood Insurance Rate Map for the actual parcel;
- That a county's homestead, exemption, or Save Our Homes cap status reflected on the Services matches the parcel's current status;
- That a sale history, value history, or owner history is complete or matches the official chain of title;
- Fitness for any particular purpose, including any real estate listing, transaction, marketing campaign, legal proceeding, insurance application, mortgage application, appraisal, tax appeal, or business decision;
- Compliance with the Fair Housing Act, the Florida Fair Housing Act, MLS rules, Florida real estate advertising rules (including Florida Administrative Code Rule 61J2-10.025), the NAR Code of Ethics, your brokerage's policies, any lender's requirements, any insurance carrier's underwriting criteria, or any other law, rule, regulation, or private policy.
7.6 Consequences of failing to verify
If you publish, share, present, submit, sign, send, rely on, or otherwise use any FLREMA Output without independent verification, you do so entirely at your own personal and business risk. FLREMA disclaims all liability arising from such use. You will defend, indemnify, and hold FLREMA harmless from any claim, demand, loss, liability, damage, fine, penalty, or expense (including reasonable attorneys' fees) arising out of or relating to your use of FLREMA Output, per Section 12, regardless of whether FLREMA's tools, data, processing, AI models, or third-party data sources contributed to the underlying error. The verification obligation under this Section 7 is an essential basis of the bargain between you and FLREMA; the Services would not be offered without it.
8. Member-Content compliance with Fair Housing
You are responsible for ensuring that all content you publish through or using the Services complies with the Fair Housing Act, the Florida Fair Housing Act (Chapter 760, Florida Statutes), HUD regulations (24 C.F.R. Part 100), and Florida real estate advertising rules. You will not publish content that expresses a preference, limitation, or discrimination based on race, color, religion, sex, familial status, national origin, disability, or any other protected class.
9. Intellectual property
The Services, including all software, content, design, trademarks, and other intellectual property (except Member Content), are owned by FLREMA or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal and professional real estate marketing purposes, subject to these Terms. No other rights are granted.
10. Third-party services
The Services rely on third-party providers (Microsoft Azure, Anthropic, Google reCAPTCHA, DBPR public data feeds, and others). We are not responsible for the availability, accuracy, or behavior of third-party services. Your use of any third-party service is subject to that provider's terms and policies.
11. Termination
You may terminate your account at any time by emailing info@flrema.org from the email address on your account. We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including (without limitation) violation of these Terms, license lapse, or fraudulent license information.
Upon termination, your right to access the Services ends immediately. Provisions that by their nature should survive termination (including Sections 5, 7, 9, 12, 13, 14, and 16) will survive.
12. Indemnification
You will defend, indemnify, and hold harmless FLREMA, its officers, employees, contractors, and agents from and against any claim, demand, loss, liability, damage, fine, penalty, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Services; (b) your violation of these Terms or applicable law; (c) your Member Content; (d) any FLREMA Output (as defined in Section 7) that you submitted to, edited, retrieved from, published from, distributed from, presented from, or otherwise used from the Services, regardless of whether the underlying error originated in source data, in FLREMA's automated processing, in an AI model's output, or anywhere else; (e) your failure to perform the independent verification required by Section 7; (f) your use or unauthorized use of any third-party trademark, including the REALTOR® mark; or (g) any false or misleading information you provided to FLREMA, including your license number.
Your indemnification obligation under this Section 12: (a) does not apply to any claim arising solely from FLREMA's own gross negligence or willful misconduct; (b) is subject to FLREMA promptly notifying you in writing of any claim for which it seeks indemnification, granting you sole control of the defense and any settlement (with counsel reasonably acceptable to FLREMA, and provided that no settlement adverse to FLREMA may be made without FLREMA's prior written consent, not unreasonably withheld), and reasonably cooperating in the defense at FLREMA's expense; and (c) is limited to direct damages, costs, and reasonable attorneys' fees actually awarded against or paid by FLREMA in defense or settlement of the underlying claim — it does not extend to FLREMA's own consequential, special, incidental, or punitive damages.
13. Disclaimers and limitation of liability
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLREMA'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FLREMA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). IN NO EVENT WILL FLREMA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
WITHOUT LIMITING THE FOREGOING, FLREMA DISCLAIMS ALL LIABILITY FOR (i) ERRORS, OMISSIONS, OR DEFECTS IN ANY FLREMA OUTPUT, AS DEFINED IN SECTION 7; (ii) ERRORS, OMISSIONS, OR DEFECTS IN ANY THIRD-PARTY DATA SOURCE THE SERVICES RELY ON; (iii) ANY DAMAGE, LOSS, OR ADVERSE OUTCOME THAT WOULD HAVE BEEN PREVENTED HAD YOU PERFORMED THE INDEPENDENT VERIFICATION REQUIRED BY SECTION 7; AND (iv) ANY DECISION YOU OR ANY THIRD PARTY MADE IN RELIANCE ON FLREMA OUTPUT, INCLUDING WITHOUT LIMITATION DECISIONS ABOUT LISTING PRICE, OFFER PRICE, INSURANCE COVERAGE, DISCLOSURE CONTENT, MARKETING COPY, OR ANY OTHER REAL-ESTATE, FINANCIAL, OR PROFESSIONAL MATTER.
Nothing in this Section 13 limits any liability that, under Florida law, cannot be lawfully limited or excluded by contract, including (without limitation) liability for fraud, gross negligence, willful misconduct, or violations of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq. The limitations in this Section 13 are between you and FLREMA only; they do not, and are not intended to, limit any defense FLREMA may assert against any third party who is not bound by these Terms. The parties intend each provision of this Section 13 to be enforced to the fullest extent permitted by law, and to be reformed to the minimum extent necessary if a court finds any provision overbroad.
14. Binding arbitration, class-action waiver, and jury-trial waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (and, where applicable, its Mass Arbitration Supplementary Rules or any successor rules). The arbitration will be conducted in English, in Florida or remotely, by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
14.1 Delegation
The arbitrator, and not any court, has exclusive authority to resolve any dispute about the formation, scope, validity, enforceability, or interpretation of this arbitration agreement, except that a court has authority to enforce the class-action waiver in Section 14.3.
14.2 Opt-out
You may opt out of this arbitration agreement, the class-action waiver, and the jury-trial waiver by emailing arbitration-optout@flrema.org within thirty (30) days of first accepting these Terms (or, for then-existing members, within thirty (30) days of the effective date of this version), with the subject line "Arbitration Opt-Out" and your full legal name and the email address on your account. A timely and complete opt-out has no effect on any other provision of these Terms and will not be used as a basis to deny or impair your access to the Services.
14.3 Class-action waiver
You and FLREMA agree that any arbitration or proceeding will be conducted only on an individual basis. You and FLREMA waive any right to participate in a class, collective, consolidated, mass, or representative action, except as permitted by Section 14.5 (Batched arbitration).
14.4 Exceptions
Either party may bring an action in small-claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction for actual or threatened infringement, misappropriation, or violation of intellectual property rights.
14.5 Batched arbitration
If twenty-five (25) or more individual arbitration demands of substantially similar nature are filed against FLREMA within a 90-day period by the same counsel or coordinated counsel, the parties agree the demands shall be administered in staged batches of up to fifty (50) cases at a time, with bellwether selections by the parties and tolling of all non-bellwether matters until the bellwether batch concludes. AAA's Mass Arbitration Supplementary Rules (or any successor rules) shall apply where consistent with this provision. This Section 14.5 is intended to facilitate the orderly and economical resolution of related claims and does not alter the individual-only nature of each arbitration.
14.6 Jury-trial waiver
JURY-TRIAL WAIVER — PLEASE READ. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY in any action, proceeding, claim, or counterclaim arising out of or relating to these Terms, the Services, or any FLREMA Output, whether sounding in contract, tort, statute, or otherwise. This waiver was conspicuously presented to you at account creation as a separately-acknowledged provision; you confirmed that you had at least seven (7) days and an unrestricted opportunity to consult with independent legal counsel of your own choosing about this waiver and elected to accept it. Each party acknowledges that this waiver is a material and bargained-for inducement to enter this Agreement; that the waiver was conspicuous, separately captioned, and explained in plain English; that the parties have substantial business and/or professional sophistication appropriate to the subject matter (members hold an active Florida real estate license); and that the parties would not have entered this Agreement without it. This waiver applies to any dispute that is not subject to arbitration under this Section 14, including without limitation actions brought under the "Exceptions" above, and to any appeal or related proceeding. This waiver is irrevocable, extends to any amendments or supplements to these Terms, and survives termination. If a court of competent jurisdiction holds this jury-trial waiver unenforceable as to any claim, the parties' arbitration agreement in this Section 14 nonetheless remains in full force and effect as to that claim, and the parties intend the arbitration agreement to operate as the primary dispute-resolution mechanism.
15. Governing law and venue
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. To the extent any claim is not subject to arbitration under Section 14, you and FLREMA submit to the exclusive jurisdiction of the state and federal courts located in Florida.
16. Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms here and update the "Last updated" date. Material changes will be communicated by email to active members. Your continued use of the Services after the effective date of an update constitutes your acceptance of the updated Terms.
17. General
- Entire agreement. These Terms and our Privacy Policy constitute the entire agreement between you and FLREMA regarding the Services.
- Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.
- No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Notices. We may send you notices by email or by posting them on the Services.
18. Contact
For questions about these Terms:
Florida Real Estate Marketing Association, Inc.
37601 Burhans Road, Eustis, FL 32736
Email: info@flrema.org
Draft notice. These Terms of Service are a working draft prepared for attorney review. They have not been reviewed by counsel. Specific provisions — including the arbitration clause, indemnification, limitations of liability, and auto-renewal terms for any future paid tiers — must be verified and may need substantial revision by a Florida-licensed attorney before public launch.