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Effective date: September 26, 2026 Last updated: September 26, 2026 These Terms of Use (the "Terms") are a binding agreement between you and David Koster PA, operator of the South Florida Condo Network ("the Network," "we," "us," or "our"). They govern your access to and use of each website in the Network, including yourbeachclub.com and every other building-specific website that links to these Terms, together with any pages, features, forms, alerts, communications, content, or services that link to these Terms (each a "Network Site" and collectively, the "Site"). BY ACCESSING OR USING THE SITE, SUBMITTING A FORM, REQUESTING INFORMATION OR A SHOWING, SELECTING LISTINGS YOU ARE INTERESTED IN, SIGNING UP FOR ALERTS, OR OTHERWISE USING A FEATURE THAT REFERENCES THESE TERMS, YOU AGREE TO THESE TERMS AND ACKNOWLEDGE OUR PRIVACY NOTICE. IF YOU DO NOT AGREE, DO NOT USE THE SITE. WHERE THE SITE PRESENTS A CHECKBOX, BUTTON, OR OTHER AFFIRMATIVE ACCEPTANCE MECHANISM, YOUR SELECTION OR SUBMISSION CONSTITUTES YOUR ELECTRONIC ACCEPTANCE OF THE VERSION OF THESE TERMS THEN PRESENTED TO YOU. IMPORTANT: THESE TERMS REQUIRE MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, INCLUDE A WAIVER OF CLASS, COLLECTIVE, AND REPRESENTATIVE ACTIONS, AND INCLUDE A WAIVER OF JURY TRIAL. THEY ALSO INCLUDE A ONE-YEAR CONTRACTUAL CLAIM-LIMITATION PERIOD WHERE SUCH A LIMITATION IS PERMITTED BY LAW. PLEASE REVIEW SECTIONS 23 AND 24 CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED IN SECTION 24.

1. About the Network; Operator and Brokerage Services

The South Florida Condo Network is a group of real-estate information and marketing websites, each dedicated to a particular condominium building or development in Miami-Dade, Broward, or Palm Beach County, operated by David Koster PA. The Site may provide building profiles, floor plans, amenity descriptions, active, pending, and closed listing information, market statistics, listing alerts, downloadable guides, and ways to request information, private showings, or other real-estate assistance. The Network is not itself a separate real-estate brokerage and is not a party to any purchase, sale, lease, listing, referral, or other real-estate transaction. Licensed brokerage services offered in connection with the Site are provided through ONE Sotheby's International Realty and/or another appropriately licensed real-estate brokerage or real-estate professional, depending on the property, market, and nature of the request. David Koster is a Florida-licensed real-estate broker associate affiliated with ONE Sotheby's International Realty. References on the Site to a brokerage, agent, advisor, market specialist, or referral partner identify the person or entity providing or potentially providing the applicable licensed real-estate services and do not mean that the Network or David Koster PA is a separate licensed brokerage entity.

2. No Affiliation with Buildings, Developers, or Associations; Building Names and Marks

Each Network Site is an independent real-estate marketing website. We are not affiliated with, sponsored by, or endorsed by the building, condominium or homeowners' association, property manager, developer, hotel or residence operator, or ownership of any property featured on a Network Site, unless a Network Site expressly states otherwise. A Network Site is not the official website of any building, association, developer, or hotel brand. We cannot respond on behalf of a building, association, management company, front desk, or developer. Please direct questions about building operations, maintenance, reservations, guest services, association matters, employment, or deliveries to the building or its management directly. We respond only to inquiries about our real-estate services. Building names, project names, hotel and residence brands, logos, and other marks that appear on the Site (for example, names of branded residences) are the property of their respective owners. We use them only to identify the property that a Network Site describes, and that use does not imply any sponsorship, endorsement, license, or affiliation.

3. Sotheby's International Realty and ONE Sotheby's International Realty

ONE Sotheby's International Realty is a company-owned brokerage within the Sotheby's International Realty organization. The Network is separately operated by David Koster PA and is not itself a Sotheby's International Realty brokerage, website, or service unless expressly identified otherwise. Sotheby's International Realty, ONE Sotheby's International Realty, and related names, logos, service marks, trademarks, photographs, copy, and other proprietary materials displayed on the Site remain the property of their respective owners or licensors and may be used only as authorized. Nothing in these Terms grants you any right or license to use those marks or materials except as necessary to view and use the Site for its intended purpose. The display of the Sotheby's International Realty or ONE Sotheby's International Realty names, marks, listings, professionals, or brokerage services does not make any entity other than David Koster PA a party to these Terms unless expressly stated. Nothing in this Section limits the responsibilities of the brokerage or real-estate professional actually providing licensed brokerage services in connection with a particular transaction. Any brokerage, company-owned-operation, trademark, or brand disclosure required by ONE Sotheby's International Realty or Sotheby's International Realty may be displayed on the Site in the form required by applicable law or brand standards and supplements these Terms.

4. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding agreement to submit a real-estate inquiry, sign up for alerts, or use the interactive features of the Site. The Site is intended for adults seeking real-estate information or services and is not directed to children. By using the Site, you represent that you meet these requirements and that information you provide is truthful and accurate. If you use the Site, accept these Terms, or provide content on behalf of a company, brokerage, developer, association, or other entity, you represent and warrant that you have authority to act on behalf of and bind that entity with respect to the applicable activity.

5. Limited License to Use the Site

Subject to these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site and Site content solely for your own personal, non-commercial real-estate information and property-search purposes. Except as expressly permitted by these Terms or in writing by the applicable rights holder, you may not reproduce, republish, upload, transmit, distribute, sell, license, publicly display, commercially exploit, modify, translate, adapt, create derivative works from, mirror, frame, or otherwise use the Site or Site content. Any rights not expressly granted are reserved.

6. Intellectual Property

The Site's original content, selection, compilation, organization, design, software, interfaces, editorial building profiles, market content, graphics, photographs and video for which we hold rights, Network branding, and other proprietary materials are owned by David Koster PA or its licensors and are protected by copyright, trademark, database, unfair-competition, and other intellectual-property laws. Third-party content, listing information, renderings, floor plans, photographs, logos, trademarks, and service marks are owned by their respective owners and are used only as authorized or permitted by law. You may not remove, obscure, or alter copyright, trademark, attribution, MLS, brokerage, data-source, "last updated," or other proprietary notices appearing on or with Site content. Property-listing data and related images are additionally governed by Section 7 and any applicable MLS, IDX, brokerage, photographer, or data-provider rules.

7. MLS, IDX, Listing, Market, and Property Information

Property and listing information displayed on the Site, including active, pending, and closed listings, may be supplied by one or more multiple listing services ("MLSs"), IDX, VOW, or other licensed data feeds, brokerages, listing agents, developers, public records, data aggregators, or other licensed third-party sources. The specific attribution, copyright notice, permitted-use statement, update time, and disclaimer required by an applicable MLS or data provider may be displayed with the relevant listing, market table, or page and is incorporated into these Terms by reference. Unless a displayed notice expressly states otherwise, listing information is provided for consumers' personal, non-commercial use and may be used only to identify prospective properties in which the consumer may have a bona fide interest in purchasing or leasing. Listing and property information is deemed reliable but is not guaranteed to be accurate, complete, current, or free from errors or omissions. Properties may be sold, leased, withdrawn, placed under contract, repriced, or otherwise changed without notice. Pricing, square footage, dimensions, unit numbers, room counts, floor levels, views, exposures, amenities, association information, fees, special assessments, rental restrictions, taxes, flood information, zoning, permitting, availability, and other property details should be independently verified with appropriate authoritative sources and professionals. Market statistics shown on the Site, such as price ranges, average price per square foot, average days on market, unit counts, year built, and similar figures, are calculated or compiled from MLS and other third-party data, may not include every transaction, may be delayed, and are provided for general informational purposes only. They are not appraisals, broker price opinions, or valuations of any particular unit. All dimensions and measurements are approximate unless expressly stated otherwise and should not be relied upon for architectural, appraisal, construction, legal, financing, insurance, or other professional purposes. The display of a property does not constitute an offer, representation, warranty, guarantee of availability, or representation that David Koster PA, the Network, ONE Sotheby's International Realty, or any particular real-estate professional is the listing broker or represents a party to the transaction. Brokerage attribution displayed with a listing controls. You agree not to, and not to permit others to:

• scrape, crawl, harvest, spider, index, mine, copy, download, or extract listing or property data through automated means except as expressly authorized in writing;
• bulk-download, cache, store, reproduce, republish, syndicate, or aggregate listing data outside the Site;
• use listing or property data for a commercial, competitive, resale, lead-generation, automated-valuation, machine-learning, artificial-intelligence-training, fine-tuning, validation, model-development, embedding, derivative-dataset, or database-building purpose except as expressly authorized in writing by all applicable rights holders;
• circumvent technical restrictions, rate limits, robots directives, CAPTCHA, access controls, or other measures intended to protect Site or listing data; or
• remove, obscure, alter, or misrepresent MLS, brokerage, copyright, attribution, disclaimer, or update information.

For purposes of this Section, "listing or property data" means MLS, IDX, VOW, listing, and other property data supplied by third parties, together with related images and media. It does not include Network-owned editorial content, such as original building profiles, market commentary, and editorial text, which is governed by Sections 6 and 12. Nothing in this Section authorizes use of MLS, IDX, VOW, listing, or third-party data beyond the rights granted by the applicable rights holder or data provider.

8. New Construction and Pre-Construction Information

Some Network Sites describe condominiums that are proposed, under development, or recently completed. Renderings, artist's conceptions, floor plans, features, finishes, amenities, brands, operators, pricing, deposit structures, delivery dates, and other developer information shown on the Site are based on materials made available by the developer or other third parties, are subject to change or withdrawal without notice, and are not guaranteed. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE. Nothing on the Site is an offer to sell, or a solicitation of an offer to buy, a condominium unit in any state or jurisdiction where such an offer or solicitation cannot be made or where prior registration or qualification is required but has not been completed. Any purchase is governed solely by the developer's purchase agreement and offering documents.

9. Brokerage Relationships, Referrals, and Independent Verification

These Terms govern use of the Site and do not themselves create or define a brokerage relationship between you and any licensed real-estate professional or brokerage. If you engage a licensed real-estate professional in connection with a property or transaction, the existence and nature of any brokerage relationship, applicable duties, disclosures, compensation, and representation will be governed by applicable law and any applicable brokerage disclosure or written agreement. An inquiry submitted through a Network Site may be handled by David Koster, ONE Sotheby's International Realty, another professional affiliated with that brokerage, a listing broker or agent, or an independent referral partner or brokerage. By submitting an inquiry, you authorize us to route the inquiry as reasonably necessary to respond to your request, as further described in the Privacy Notice. Where permitted by law and applicable brokerage rules, real-estate compensation — including referral fees, cooperative brokerage compensation, or commissions — is paid to and through the applicable licensed brokerage, which may in turn compensate its affiliated professionals, including David Koster, in accordance with law and applicable brokerage agreements. Any compensation or disclosure legally required in a particular transaction will be handled in accordance with applicable law and brokerage requirements. Site content is informational only and is not legal, tax, financial, insurance, investment, engineering, architectural, appraisal, environmental, or other professional advice. You are responsible for conducting your own due diligence and consulting qualified professionals before making a real-estate or financial decision.

10. Fair Housing and Equal Opportunity

We are committed to the letter and spirit of the federal Fair Housing Act, the Florida Fair Housing Act, and the fair-housing and human-rights ordinances of Miami-Dade, Broward, and Palm Beach Counties. The Site, including any communications, marketing, targeting, search, automated, or AI-enabled features, may not be used to discriminate against, steer, exclude, or unlawfully target any person based on race, color, religion, sex, disability, familial status, national origin, or any other characteristic protected by applicable federal, state, or local law. Our full Fair Housing and Equal Housing Opportunity Notice is available on each Network Site and is incorporated into these Terms by reference. We may remove content, reject submissions, restrict features, or suspend access that we reasonably believe violates fair-housing laws, anti-discrimination laws, advertising rules, consumer-protection laws, or these Terms.

11. Inquiries, Listing Interest, Alerts, and User Submissions

When you submit a contact form, showing request, information request, seller inquiry, list of listings you are interested in, alert sign-up, or other communication, you authorize us to collect, use, store, and share that information as reasonably necessary to operate the Site, respond to you, route your request, send the alerts you requested, maintain appropriate records, prevent fraud or abuse, and otherwise act as described in our Privacy Notice. You represent that information you submit is accurate, that you have the right to submit it, and that your submission does not violate law, contract, intellectual-property rights, privacy rights, confidentiality obligations, or the rights of another person. For ordinary text submissions, you grant David Koster PA a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, and use the submission solely as reasonably necessary to operate the Site, respond to the request, route the communication, maintain records, and provide related services. Do not submit passwords, financial-account credentials, Social Security numbers, highly confidential information, or other sensitive information that the applicable Site feature does not specifically request.

12. Prohibited Conduct and Automated Access

You agree not to use or attempt to use the Site to:

• violate any applicable federal, state, local, or international law, rule, regulation, MLS rule, data-provider rule, or third-party right;
• commit fraud, submit false or misleading information, impersonate another person, misrepresent an affiliation, or create spam or abusive inquiries;
• contact the owner, seller, landlord, or occupant of a listed property, or attempt to enter a property, based on information obtained from the Site without an appointment arranged through the listing broker or your own broker;
• reproduce, distribute, commercialize, frame, mirror, hotlink protected assets, or otherwise exploit Site content contrary to these Terms or applicable rights;
• conduct competitive or comparative data extraction, database creation, automated valuation, lead harvesting, or commercial research using Site content without written authorization;
• access password-protected, restricted, administrative, non-public, or unintended areas or data;
• scrape, crawl, spider, harvest, or use bots, scripts, automated agents, or similar technology to access or collect Site data except as expressly authorized by these Terms, our machine-readable directives, or in writing;
• use the Site or Site content to train, fine-tune, validate, benchmark, or develop a machine-learning or artificial-intelligence model, or to create embeddings, derivative datasets, or similar representations, except as expressly authorized in writing by all applicable rights holders or, solely for Network-owned editorial content, as permitted by our machine-readable directives under the final paragraph of this Section;
• bypass CAPTCHA, rate limits, authentication, robots directives, or other security or access-control mechanisms;
• probe, scan, test, interfere with, disable, overload, disrupt, or attempt to gain unauthorized access to the Site, servers, databases, networks, APIs, or related systems;
• reverse engineer, decompile, decrypt, disassemble, or attempt to derive source code or non-public technical information except to the limited extent such restriction is prohibited by applicable law;
• introduce viruses, malware, ransomware, malicious code, or other harmful material;
• upload or transmit infringing, defamatory, threatening, discriminatory, obscene, unlawful, privacy-invasive, or otherwise harmful content; or
• use the Site, listing information, or other Site content for a competing, resale, commercial-syndication, or unauthorized data-commercialization purpose.

Ordinary hyperlinks to publicly accessible Site pages are permitted so long as they do not falsely imply sponsorship, endorsement, affiliation, or authorization. Ordinary indexing of publicly accessible Site pages by generally available search engines or other automated discovery services is permitted to the extent allowed by our robots.txt file, other machine-readable directives, and applicable rights. This limited permission does not authorize bulk extraction, republication, database creation, unauthorized AI-model use, or any use of MLS, IDX, VOW, listing, or third-party content beyond the rights granted by the applicable rights holder. In addition, an automated agent may access and use Network-owned editorial content — including original building profiles, market commentary, and editorial text — for search indexing, information retrieval, citation, and artificial-intelligence model training, but only to the extent our robots.txt file or other machine-readable directives expressly permit that agent to access the applicable page at the time of access. This permission is a revocable, non-exclusive license limited to Network-owned editorial content. It does not extend to MLS, IDX, VOW, listing, developer, or other third-party content, including any such content displayed on the same page; it does not transfer ownership of any content; and it does not permit any use that states or implies sponsorship, endorsement, or affiliation. We may change our machine-readable directives at any time, and a change applies from the time it is published. We may investigate suspected violations and cooperate with rights holders, MLSs, brokerages, data providers, law enforcement, regulators, courts, or other authorities when legally required or reasonably appropriate.

13. Communications, Alerts, and Marketing Consent

By providing an email address or telephone number in connection with an inquiry, showing request, listing-interest request, alert sign-up, or requested service, you authorize us and the appropriate professional or brokerage handling your request to communicate with you about that request or service using the contact information you provide, subject to applicable law and the Privacy Notice. Marketing consent is separate from acceptance of these Terms. Where required by the federal Telephone Consumer Protection Act, the Florida Telephone Solicitation Act, or other applicable law, marketing calls or text messages — including communications made using automated technology — will be sent only after the applicable consent is obtained through a separate disclosure, checkbox, or other legally sufficient mechanism. Consent to marketing calls or texts is not a condition of purchasing property or obtaining real-estate services. If you separately consent to marketing texts, message frequency may vary and message and data rates may apply. You may opt out of marketing texts by replying STOP and may request help by replying HELP, unless a different legally compliant method is provided with the message. You may unsubscribe from marketing emails and listing alerts using the unsubscribe mechanism included in the communication. If you choose to contact us through WhatsApp or another third-party messaging service, your use of that service is governed by its own terms and privacy policy. Transactional, inquiry-response, showing-related, and other non-marketing communications may still be sent where reasonably necessary to provide a service you requested or to comply with law. We do not guarantee delivery, timing, availability, or receipt of emails, text messages, listing alerts, showing requests, contact-form submissions, or other communications. Communications may be delayed, filtered, blocked, misdirected, interrupted, or fail because of network conditions, third-party providers, spam filters, incorrect contact information, system outages, or other causes. You should not rely on Site communications to satisfy contractual, legal, inspection, financing, closing, offer, or other time-sensitive obligations.

14. Third-Party Services, Embedded Content, and Links

The Site may display, embed, rely upon, or link to services or information supplied by third parties, including MLS/IDX providers, third-party property-search tools, brokerages, listing agents, developers, mapping providers (such as Google Maps), video platforms (such as YouTube), messaging services (such as WhatsApp), file-hosting services (such as Google Drive, for downloadable guides), analytics providers, form and email providers, hosting providers, and other vendors. Some links on the Site, including property-search links, may take you to a website operated by a third party. We do not control third-party sites or services and do not guarantee their availability, security, privacy practices, accuracy, completeness, or continued operation. Your use of a third-party site, embedded player or map, or service is subject to that provider's own terms and privacy policy. Neighborhood, school, walkability, transportation, point-of-interest, distance, flood-zone, environmental, insurance-related, tax, public-record, and similar third-party information is provided for general informational convenience only and should be independently confirmed through the relevant governmental agency, school district, insurer, engineer, surveyor, or other authoritative source before reliance. Links to other Network Sites or to third-party sites do not, by themselves, constitute an endorsement or create responsibility for the third party's content, products, or services.

15. Artificial Intelligence and Automated Content Assistance

We may use artificial-intelligence and automated tools to assist with drafting, summarizing, organizing, classifying, translating, formatting, or technically processing editorial content, building information, property-related content, market statistics, and Site operations. AI-assisted or automatically processed content may contain errors, omissions, outdated information, or unintended interpretations. Unless expressly stated otherwise, it is provided for general informational purposes only and should be independently verified. AI assistance does not convert Site content into legal, financial, tax, investment, brokerage, appraisal, engineering, architectural, or other professional advice. MLS and property details remain subject to Section 7 regardless of whether AI or automation is used to organize, summarize, translate, classify, or display them.

16. Property Condition and Transaction Due Diligence

David Koster PA does not, by operating the Network, inspect properties, determine their physical or environmental condition, verify title, survey boundaries, confirm permits or code compliance, determine insurability, assess structural systems or building-safety and milestone-inspection status, review association finances, reserves, or assessments, or determine whether a property is suitable for a particular buyer, use, financing structure, rental plan, investment objective, or price. Property photographs, descriptions, floor plans, virtual tours, measurements, renovation information, amenity descriptions, views, condition statements, and other property-related content may not reflect current conditions. Buyers, sellers, landlords, tenants, and other users should conduct appropriate inspections, investigations, condominium-document and association-record reviews, title and survey review, financing and insurance review, and other due diligence with qualified professionals before entering into or completing a transaction.

17. Accessibility

We want every Network Site to be usable by everyone, including people with disabilities, and we work to improve accessibility over time with reference to recognized standards such as the Web Content Accessibility Guidelines (WCAG). If you have difficulty viewing or navigating any content or feature on the Site, or need information in an alternative format, please contact us using the information in Section 27 with "Accessibility" in the subject line, the page address, and a description of the issue. We will work with you to provide the information you need.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, DATA, FUNCTIONS, SERVICES, LISTINGS, MARKET STATISTICS, MATERIALS, AND INFORMATION MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. Without limiting the foregoing, David Koster PA and its applicable owners, officers, employees, contractors, licensors, service providers, representatives, and data providers disclaim, to the maximum extent permitted by law, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, quiet enjoyment, and warranties arising from course of dealing, course of performance, or usage of trade. We do not warrant or represent that:

• the Site will be uninterrupted, secure, timely, error-free, or free of harmful components;
• defects or errors will be corrected;
• Site or third-party data is accurate, complete, current, or suitable for a particular purpose;
• a listed property remains available or will be available on particular terms;
• information, estimates, statistics, translations, summaries, maps, flood information, market content, developer information, or AI-assisted content will be accurate or complete;
• communications, alerts, inquiries, or third-party integrations will be delivered, received, or available without delay or interruption;
• third-party providers will operate without outage, error, cybersecurity incident, or service failure; or
• use of the Site will produce any particular transaction, financial, investment, or real-estate result.

To the maximum extent permitted by law, we disclaim responsibility for acts or omissions of third-party providers, including service outages, transmission or delivery failures, synchronization errors, data corruption, unauthorized access, cybersecurity incidents, or other failures caused by or attributable to a third-party provider rather than our failure to use safeguards required by applicable law. Certain jurisdictions do not permit some exclusions of warranties, so some exclusions may not apply to you.

19. Limitation of Liability

To the maximum extent permitted by applicable law, David Koster PA and its applicable owners, officers, employees, contractors, licensors, service providers, representatives, successors, and data providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, opportunity, goodwill, data, business, or anticipated savings, arising out of or relating to the Site, these Terms, any listing, market, developer, or third-party information, any communication or referral, any interaction with another person or entity, the condition or suitability of any property, or your inability to access or use the Site, regardless of the legal theory and even if advised that such damages were possible. To the maximum extent permitted by applicable law, the aggregate liability of David Koster PA for all claims arising out of or relating to the Site or these Terms will not exceed US$100 (one hundred U.S. dollars). Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited. These Terms govern your use of the Site and are between you and David Koster PA. The display of a brokerage, brand, building, developer, listing, professional, third-party service, or related company on the Site does not make that entity a party to these Terms unless expressly stated. Nothing in this Section limits the responsibility of a brokerage or real-estate professional for services that entity or professional actually provides under applicable law or a separate agreement.

20. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless David Koster PA and its applicable owners, officers, employees, contractors, licensors, service providers, representatives, successors, and assigns from and against claims, demands, actions, proceedings, damages, judgments, settlements, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• your violation of these Terms;
• your unlawful or unauthorized use of the Site;
• content you provide;
• your infringement or violation of another person's intellectual-property, privacy, publicity, contractual, or other right;
• your violation of applicable law; or
• your misuse of Site information, communications, alerts, or third-party integrations.

21. Copyright Complaints and DMCA Procedure

We respect the intellectual-property rights of others and expect Site users to do the same. If you believe material available through the Site infringes a copyright you own or are authorized to enforce, you may submit a notice under the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). A copyright notice should include substantially the following:

• a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf;
• identification of the copyrighted work claimed to have been infringed or, if multiple works on the Site are covered by one notice, a representative list of those works;
• identification of the material claimed to be infringing and information reasonably sufficient for us to locate it, such as the page URL;
• your name and contact information, including address, telephone number, and email address;
• a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send copyright and DMCA notices to: South Florida Condo Network / David Koster PA Attn: Copyright / DMCA Contact 2000 Glades Road, Suite 312 Boca Raton, Florida 33431 USA Email: [email protected] Telephone: 800-502-9033 We may remove or disable access to material when appropriate and may notify the person who supplied the material. We may terminate, in appropriate circumstances, users who are repeat copyright infringers. If material you submitted was removed or disabled because of a DMCA notice and you believe the removal resulted from mistake or misidentification, you may send a counter-notification containing substantially the information required by 17 U.S.C. § 512(g), including:

• your physical or electronic signature;
• identification of the removed or disabled material and where it appeared before removal or disabling;
• a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled because of mistake or misidentification;
• your name, address, and telephone number; and
• a statement consenting to the jurisdiction of the appropriate U.S. federal district court as required by the DMCA and agreeing to accept service of process from the person who submitted the original notice or that person's agent.

Counter-notifications may be sent to the same contact above. We may restore material in accordance with the DMCA unless the complaining party timely notifies us that it has filed an action seeking a court order regarding the material. Knowingly making a material misrepresentation in a DMCA notice or counter-notice may result in liability under applicable law.

22. Suspension and Termination

We may suspend, restrict, or block your access to the Site, remove content, or disable features when we reasonably believe you have violated these Terms, created security or legal risk, infringed rights, abused Site systems, violated an MLS or data-provider rule, or when suspension or termination is otherwise reasonably necessary to protect the Site, users, third parties, or our legal interests, in each case consistent with applicable fair-housing and other laws. You may stop using the Site at any time and may unsubscribe from alerts or request deletion of your information as described in the Privacy Notice, subject to applicable retention requirements. Sections that by their nature should survive termination — including Sections 2, 3, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 23, 24, and 26 — will survive.

23. Informal Dispute Resolution

Before either party commences arbitration or a court proceeding concerning a dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Notice, the Site, any Site feature, any communication or referral made through the Site, or the parties' relationship concerning the Site (a "Dispute"), the party asserting the Dispute must first send the other party a written Notice of Dispute describing the nature of the Dispute, the material facts supporting it, the legal basis for the claim if known, and the relief requested, including any monetary amount sought. The parties will then make a good-faith effort to resolve the Dispute informally for 30 days after the Notice of Dispute is received. If either party reasonably requests it, each party will personally participate in at least one telephone or videoconference during that period; counsel may also participate. Completion of this informal process is a condition precedent to commencing arbitration, except where applicable law does not permit such a requirement. This informal process does not prevent either party from seeking temporary, preliminary, or other emergency injunctive or equitable relief reasonably necessary to prevent actual or threatened misuse of intellectual property, unauthorized access, data misuse, security compromise, or other imminent irreparable harm. To the maximum extent permitted by law, applicable limitation periods and arbitration filing deadlines will be tolled from the date a compliant Notice of Dispute is received until the 30-day informal-resolution period ends. Notices to David Koster PA under this Section must be sent to the contact information in Section 27 and must state "Notice of Dispute" in the subject line or heading. A Notice of Dispute from David Koster PA may be sent to the email or mailing address associated with your inquiry.

24. Binding Individual Arbitration; Class-Action and Jury-Trial Waivers; Governing Law; Claim Limitation

PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR THE LIMITED EXCEPTIONS BELOW, YOU AND DAVID KOSTER PA AGREE TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. THIS MEANS THAT YOU AND DAVID KOSTER PA WAIVE THE RIGHT TO HAVE MOST DISPUTES DECIDED BY A JUDGE OR JURY AND WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION.

24.1 Agreement to Arbitrate

Except for Disputes expressly excluded below, any Dispute that is not resolved through Section 23 will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules then in effect, as modified by these Terms. The Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this arbitration agreement. The arbitration will be heard by one neutral arbitrator. The arbitrator may award the same individualized remedies that a court could award under applicable law, subject to the limitations in these Terms and any non-waivable legal rights. Judgment on an arbitration award may be entered in any court having jurisdiction. The arbitration agreement in this Section survives termination of these Terms and your use of the Site.

24.2 Arbitration Procedure and Costs

Arbitration may be conducted by telephone, videoconference, written submissions, or an in-person hearing as permitted by the AAA Consumer Arbitration Rules. If an in-person hearing is required, it will occur at a location reasonably convenient to you unless the parties agree otherwise or the arbitrator determines another location is appropriate under applicable AAA rules and law. Arbitration filing, administration, and arbitrator fees will be allocated as provided by the AAA Consumer Arbitration Rules and applicable law. If you demonstrate that the costs of arbitration would be prohibitively expensive compared with court litigation, David Koster PA will pay such additional arbitration fees as the arbitrator determines are necessary to prevent arbitration from being prohibitively expensive, to the extent required by applicable law. Each party will otherwise bear its own attorneys' fees and costs except where applicable law, the AAA rules, or another enforceable agreement authorizes an award of fees or costs.

24.3 Exceptions to Arbitration

Notwithstanding Section 24.1: (a) either party may bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies and remains in that court; (b) either party may seek temporary, preliminary, or emergency injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misuse of intellectual-property rights, unauthorized access, data misuse, security compromise, or other imminent irreparable harm; (c) either party may communicate with or seek relief from a federal, state, or local governmental or regulatory agency where permitted by law, including filing a fair-housing complaint with the U.S. Department of Housing and Urban Development, the Florida Commission on Human Relations, or a county human-rights agency; and (d) any claim or request for relief that applicable law prohibits from being required to arbitration may proceed in a court of competent jurisdiction. To the extent a claim for public injunctive relief or another particular remedy cannot lawfully be required to individual arbitration, that claim or request for relief will be severed and determined by a court of competent jurisdiction, while all arbitrable claims will proceed first in arbitration to the extent permitted by law.

24.4 Who Decides Arbitration Issues

A court of competent jurisdiction, rather than the arbitrator, will decide disputes concerning whether a valid arbitration agreement was formed, whether this Section is enforceable, and whether the class-action waiver in Section 24.5 is enforceable. Subject to those matters, the arbitrator will decide the merits of the Dispute and other issues properly submitted to arbitration.

24.5 Individual Proceedings Only; Class-Action Waiver

YOU AND DAVID KOSTER PA AGREE THAT EACH MAY ASSERT A DISPUTE AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY MAY BRING, JOIN, CONSOLIDATE, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION OR ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM. If a court determines that this waiver is unenforceable as to a particular claim or request for relief, that claim or request will be severed and may proceed in court only to the extent required by law; all remaining arbitrable claims will remain subject to individual arbitration.

24.6 Jury-Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION FOR ANY REASON, YOU AND DAVID KOSTER PA EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY. THIS WAIVER DOES NOT APPLY WHERE A PRE-DISPUTE JURY-TRIAL WAIVER IS PROHIBITED OR UNENFORCEABLE UNDER APPLICABLE LAW.

24.7 Thirty-Day Arbitration Opt-Out

You may opt out of Sections 24.1 through 24.6 by sending a written opt-out notice within 30 days after you first affirmatively accept these Terms. The notice must state that you are opting out of the arbitration agreement, include your full name and the email address associated with your inquiry, and be sent by email to [email protected] with the subject line "ARBITRATION OPT-OUT" or by mail to the address in Section 27. An opt-out applies only to the arbitration agreement and related class-action and jury-trial waivers in Sections 24.1 through 24.6 and does not affect the remainder of these Terms. David Koster PA will not take adverse action against you for exercising this opt-out right.

24.8 Governing Law and Venue for Non-Arbitrable Claims

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles, except that the FAA and applicable federal arbitration law govern Section 24. Subject to any mandatory right, remedy, or forum that cannot lawfully be waived, any Dispute that is not subject to arbitration and is not properly brought in small-claims court will be brought exclusively in the state courts located in Palm Beach County, Florida, or in the United States District Court having jurisdiction over Palm Beach County, Florida, and the parties consent to personal jurisdiction and venue in those courts. Nothing in these Terms is intended to deprive a consumer of any mandatory right, remedy, forum, or protection that cannot lawfully be waived under the law applicable to that consumer.

24.9 Contractual Claim-Limitation Period

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SITE, THESE TERMS, OR THE PARTIES' RELATIONSHIP CONCERNING THE SITE THAT MAY LAWFULLY BE SUBJECT TO A CONTRACTUALLY SHORTENED LIMITATIONS PERIOD MUST BE COMMENCED IN ARBITRATION OR COURT, AS APPLICABLE, WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED. This one-year limitation does not apply where applicable law prohibits contractual shortening of the limitations period, including an action arising out of contract to the extent Florida Statutes § 95.03 applies, nor does it shorten any limitations period that applicable law makes non-waivable, including for fair-housing claims. It also does not apply to a claim to the extent applicable law requires a longer period. The informal-resolution period in Section 23 and any other tolling required by applicable law will be excluded when calculating the one-year period.

24.10 Severability

If any portion of this Section 24 is found invalid or unenforceable, that portion will be severed or limited to the minimum extent necessary, and the remainder of this Section will remain in effect to the fullest extent permitted by law. If the class-action waiver in Section 24.5 is held unenforceable as to a particular claim or remedy, only that claim or remedy will be severed to court as provided above and the remaining claims will continue in individual arbitration. If the arbitration agreement as a whole is held unenforceable as to a particular Dispute, the governing-law and venue provisions in Section 24.8 and the claim-limitation provision in Section 24.9 will continue to apply to the extent enforceable.

25. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date. If a change is material, we may provide additional notice through the Site or through another appropriate method. Changes generally apply prospectively from their stated effective date. Where applicable law or the nature of a material contractual change requires renewed consent, we may ask you to affirmatively accept the revised Terms before continuing to use affected features.

26. Miscellaneous

These Terms, the Privacy Notice, the Fair Housing and Equal Housing Opportunity Notice, and any MLS, listing, data-provider, or other notices expressly incorporated by reference constitute the agreement between you and David Koster PA concerning your use of the Site. They do not replace or modify a separate brokerage, listing, buyer-representation, referral, purchase, sale, lease, or other transaction agreement unless that separate agreement expressly says otherwise. If any provision is held unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law. Our failure to enforce a provision is not a waiver. You may not assign your rights under these Terms without our written consent. We may assign these Terms in connection with a reorganization, merger, acquisition, financing, sale of assets, or transfer of the Site or business, subject to applicable law. We are not responsible for delay or failure caused by circumstances beyond our reasonable control, including failures of telecommunications, hosting, MLS feeds, data providers, cloud services, utilities, internet infrastructure, government action, hurricanes and other natural events, or other force-majeure events. Nothing in this paragraph limits responsibility that cannot lawfully be limited. These Terms do not create a partnership, joint venture, employment relationship, fiduciary relationship, or authority for you to bind David Koster PA. The relationship between you and any licensed real-estate professional or brokerage is governed separately as described in Section 9. If you voluntarily provide suggestions, ideas, corrections, recommendations, or other feedback about the Site ("Feedback"), you grant David Koster PA a non-exclusive, perpetual, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and otherwise exploit the Feedback for the purpose of improving, operating, or developing the Network, without compensation or obligation to you. This does not apply to personal information except as permitted by the Privacy Notice. Headings are for convenience only. The words "including" and "include" mean "including without limitation." Electronic records and electronic acceptance may be used to evidence these Terms and related consents to the extent permitted by law.

27. Contact Us

For questions about these Terms, contact: David Koster PA, operator of the South Florida Condo Network Attn: Legal 2000 Glades Road, Suite 312 Boca Raton, Florida 33431 USA Email: [email protected] Telephone: 800-502-9033