Disclaimer

TERMS OF USE

Last updated April 28, 2023

MIAMI Association of REALTORS®, Inc. and its parent companies, subsidiaries, affiliates, and/or its designees, if any (“MIAMI,” “MIAMI REALTORS®,” “we,” “us,” and “our”).

By using our Websites, you agree that you have read, understand, and will comply with the Terms of Use. We reserve the right to change the Terms of Use at any time. Such changes may be made without prior notice; but, all updates will be in on MIAMI’s Websites. Changes will be effective when posted. Your continued use of the Websites confirms your agreement and compliance with these Terms of Use. If you do not agree with all or part of these Terms of Use, do not use MIAMI’s Websites.

 

TERMS AND CONDITIONS OF THE MIAMI REALTORS®’ “PROMOTIONS”

MIAMI Association of REALTORS®, Inc. and its parent companies, subsidiaries, affiliates, and/or its designees, if any (“MIAMI”) may, but is not obligated to, offer promotions to its members during dues billing. These “Promotions” are in connection with and incidental to the sale of consumer products or services, and in which the elements of chance and prize are present. As such, “Promotions” may include drawings by chance, drawings, raffles, contests, games of chance, sweepstakes, or gift enterprises. Promotions do not, and will never include, enterprises commonly known as “game promotions,” like bingo games, lotteries, matching, games, slot machines, instant winners, preselected sweepstakes, or any other enterprise pursuant to Fla. Stat. Sec. 849.0931, which involve the distribution of winning numbers.

These are the rules governing the conduct and operation of the Promotions. MIAMI Association of REALTORS®, Inc. (“MIAMI”), with its principal place of business of 700 S. Royal Poinciana Boulevard, Suite 400, Miami, FL 33166, is the operator of the Promotions. The source of funds used to award prizes are from MIAMI’s general operating funds.

MIAMI will never: (1) design, engage in, promote, or conduct a game promotion, in connection with the promotion or sale of consumer products and services, wherein the winner may be predetermined or the game may be manipulated or rigged so as to: allocate a winning game or any portion thereof certain individuals, agencies, organizations, companies, or entities; or, allocate a winning game or part thereof to a particular period of the game promotion or to a geographic area; (2) arbitrarily remove, disqualify, disallow, or reject any entry; (3) discriminate in any manner between entrants who have given contributions to MIAMI and those who have not; (4) fail to award prizes offered; (5) print, publish, or circulate literature or advertising material used in connection with such game promotions which is false, deceptive, or misleading; (6) require an entry fee, donation, contribution, substantial consideration, payment, or proof of purchase as a condition of entering a game promotion; (7) design, engage in, promote, or conduct any drawing in which the winner is predetermined by means of matching, instant win, preselected sweepstake, or otherwise, or in which selection of the winners is in any way rigged; (8) condition the drawing on a minimum number of tickets having been disbursed to contributors or on a minimum amount of contributions having been received; (9) fail to promptly notify any person whose entry is selected to win of the fact that he/she/they won; or, (10) cancel a drawing that has been printed, published, circulated, or advertised. Furthermore, MIAMI shall never indirectly or directly force or coerce anyone to purchase or participate in any Promotions.

For the 2023-24 fiscal year dues billing promotions, MIAMI is offering the following two Promotions for new or existing primary or secondary REALTOR® and REALTOR-ASSOCIATE® members of MIAMI, as defined in the Bylaws (“MEMBERS”) who submit their 2023-24 fiscal year annual membership dues between May 1, 2023, and July 23, 2023. The rules for each of those Promotions are as follows:

• PROMOTION #1: DAILY DRAWINGS OF CHANCE OF AMERICAN EXPRESS GIFT CARDS
  • Promotion #1 details:
    • From May 1, 2023, through and including June 14, 2023:
      • MIAMI will offer daily drawings of chance of American Express gift cards to MEMBERS in the amount of one hundred dollars ($100.00) each.
    • From June 15, 2023, through and including July 12, 2023:
      • MIAMI will offer daily drawings of chance of American Express gift cards to MEMBERS in the amount of fifty dollars ($50.00) each.
    • Eligibility:
      • No purchase or contribution is necessary to enter or win.
      • Winners must be new or existing primary or secondary REALTOR® or REALTOR-ASSOCIATE® members of MIAMI, as defined in the Bylaws (“MEMBERS”).
      • As soon as MEMBERS submit payment in full for their 2023-24 fiscal year membership dues, they will automatically be entered into Promotion #1.
      • MEMBERS who were already entered into Promotion #1 above between May 1, 2023, and June 14, 2023, are automatically entered into the Promotion between June 15, 2023, and July 12, 2023.
      • MEMBERS are eligible to win more than one gift card in this Promotion #1. Winning Promotion #1 does not exclude MEMBERS from winning Promotion #2.
    • Date, hour, and place the winner will be chosen and the prizes will be awarded:
      • Starting on May 2, 2023, through and including July 13, 2023, MIAMI will conduct a daily drawing of chance for American Express gift cards in the amounts specified above.
      • Daily drawings of chance will be conducted as follows: each day before 5:00 PM ET, MIAMI will run a report on the number of total MEMBERS who have entered into Promotion #1 from May 1, 2023, to the day prior. MIAMI will use an internet-based random number generator to pick a number, at random, between 1 and the total number of MEMBERS in the daily report. Once a number has been generated at random, MIAMI will download the Excel spreadsheet of MEMBERS who have entered into Promotion #1 from May 1, 2023, to the day prior. The MEMBER whose name is in the row matching the number that was generated at random will be the winner for that day. For example, on May 15, 2023, MIAMI will first run a report on the total number of MEMBERS who entered into Promotion #1 from May 1, 2023, through May 14, 2023. If that number were XYZ, then MIAMI would use an internet-based random number generator to pick a number between 1 and XYZ. MIAMI would then download the spreadsheet of all MEMBERS who had entered into Promotion #1 between May 1, 2023, and May 14, 2023. If the winning number that was generated at random was X, then the MEMBER whose name appears in the column on the Excel spreadsheet next to X would be the winner of Promotion #1 on May 15, 2023.
      • Daily drawings of chance will not be conducted or announced on weekends or holidays. Those daily drawings of chance will be conducted on the following business day. For example, on Mondays, MIAMI will conduct three separate drawings of chance for the preceding Friday, Saturday, and Sunday.
      • Winners of Promotion #1 will not receive cash prizes.
      • Winners of Promotion #1 will receive their American Express gift cards via email at the email addresses they have previously provided to MIAMI.

• PROMOTION #2: DRAWINGS OF CHANCE ON JUNE 19, 2023, FOR 2023-24 FISCAL YEARS MEMBERSHIP DUES
  • Promotion #2 details:
    • MIAMI will offer the opportunity for two MEMBERS to win their membership dues paid in full by MIAMI for the 2023-24 fiscal year.
    • For the two MEMBERS who win Promotion #2, they will have the option to either: get a refund for their 2023-24 fiscal year membership dues; or, choose to have their 2024-25 fiscal year membership dues paid in full. NOTE that this applies only to INDIVIDUAL MEMBERS; if the winning MEMBER is a Designated REALTOR®/Broker, Promotion #2 does not apply to all of the REALTOR-ASSOCIATES®, if any, in their office. In addition, if the MEMBERS who win are Designated REALTOR®/Brokers, and those winning MEMBERS have multiple licenses with MIAMI, Promotion #2 for the payment of their 2023-24 fiscal year membership dues shall only be applied to ONE of those licenses.
  • Eligibility:
    • No purchase or contribution is necessary to enter or win.
    • Winners must be new or existing primary or secondary REALTOR® or REALTOR-ASSOCIATE® members of MIAMI, as defined in the Bylaws (“MEMBERS”).
    • MEMBERS who submit payment in full for their 2023-24 fiscal year membership dues between May 1, 2023, and June 18, 2023, will automatically be entered into Promotion #2.
    • MEMBERS are eligible to win one or more gift card(s) in Promotion #1; and, if they do win in Promotion #1, that does not exclude MEMBERS from winning Promotion #2.
  • Date, hour, and place the winner will be chosen and the prizes will be awarded:
    • On June 19, 2023, before 5:00 PM ET, MIAMI will conduct two drawings of chance as follows: MIAMI will run a report on the number of total MEMBERS who have entered into Promotion #2 from May 1, 2023, through and including June 18, 2023. MIAMI will use an internet-based random number generator to pick two numbers, at random, between 1 and the total number of MEMBERS in the report. Once two numbers have been generated at random, MIAMI will download the Excel spreadsheet of MEMBERS who have entered into Promotion #2. The two MEMBERS whose names are in the rows matching the numbers that were generated at random will be the winners of Promotion #2.
    • Winners of the Promotion will not receive cash prizes.
    • MIAMI will contact winning MEMBERS at the contact information they have provided to MIAMI.

• OTHER TERMS AND CONDITIONS FOR BOTH PROMOTION #1 AND #2:
  • No Waiver. MIAMI’s failure to exercise or enforce any right, obligation, or provision of these Promotions shall not constitute MIAMI’s waiver of the same.
  • Membership Agreement. The terms of the then-current MIAMI Membership Agreement apply to the Promotions. This includes, but is not limited to MEMBERS’ consent to receive electronic communications, MEMBERS’ consent to receive other electronic notices, MIAMI’s photography notice, feedback, indemnification, submitting content to MIAMI, Bylaws, Code of Ethics, Terms of Use, Privacy Policy, text message terms and conditions, trademarks, governing law, jurisdiction, venue, waiver of jury trial, disputes and remedies, independence, no joint venture, integration and severability, attorneys’ fees and costs, notices to MIAMI, and notices to MEMBERS.
  • Promotions #1 and #2 start on May 1, 2023, and terminate on June 19, 2023.
  • No Assignment. MEMBERS may not assign their rights, if any, in the Promotions.
  • Opt-Out. If you want to opt-out of participation in the Promotions, email legal@miamire.com.

DMCA

Last updated April 28, 2023

If you believe that your intellectual property rights have been violated MIAMI Association of REALTORS®, Inc. and its parent companies, subsidiaries, affiliates, and/or its designees, if any (“MIAMI”), or by a third-party who has uploaded content on our site, please provide the following information to the MIAMI’s designated copyright agent listed below:

• A description of the copyrighted work or other intellectual property that you claim has been infringed. It is best to be as specific as possible and to include a copy of the copyrighted work or intellectual property you are referencing.
• A description of where the material that you claim is infringing is located on MIAMI’s Websites, as defined in MIAMI’s Privacy Policy.
• An address, telephone number and email address where MIAMI REALTORS® can contact you; and, if different, an email address where the alleged infringing party, if not MIAMI, can contact you.
• A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent or by law.
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner’s behalf.
• Your electronic or physical signature.

MIAMI may request additional information before removing any infringing material. MIAMI may provide the alleged infringing party with your email address so that person can respond to your allegations. MIAMI has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. § 512(c).

If you believe your copyright material is being used on this site without permission, please notify the designated agent at:

MIAMI Association of REALTORS®, Inc.

Attn.: David Garcia, Senior Vice President of Media and Design
700 S. Royal Poinciana Blvd., Suite 400
Miami, FL 33166
Email: david@miamire.com with a copy to: legal@miamire.com
(305) 468-7000

MIAMI’S POLICY ON FEES FOR PRODUCTION OF BUSINESS RECORDS IN RESPONSE TO SUBPOENAS

MIAMI Association of REALTORS®, Inc. and its parent companies, subsidiaries, affiliates, and/or its designees, if any (“MIAMI”),  charges for the costs and reasonable fees incurred for producing business records in response to a subpoena duces tecum (“subpoena”). Costs and reasonable fees include, but are not limited to:

• Fees for searching, reviewing, duplicating, and redacting records;
• Reasonable fees for attorney time spent in reviewing the subpoena and MIAMI’s response;
• Expenses generated by materials and equipment used to search for, produce, and copy the responsive information;
• Actual costs charged to MIAMI by a third-party for retrieval and return of records held by such third-party;
• Fifteen cents per single-sided page for standard reproduction of documents of a size that is 8.5×14 inches or less;
• Twenty cents per double-sided page for standard reproduction of documents of a size that is 8.5×14 inches or less;
• Actual costs for the reproduction of oversized documents or the reproduction of documents requiring special processing which are made in response to a subpoena; and,
• MIAMI does not charge for computer costs of retrieving data, unless such retrieval requires actual costs from third-parties for retrieval and return of records held by such third-parties.

MIAMI will furnish an itemized statement describing the actions taken to justify the costs and reasonable fees. Payment must be made to MIAMI before receiving the records responsive to a subpoena. Payments must be made via check, made payable to the MIAMI Association of REALTORS®, and sent to the attention of the Chief Legal Counsel at 700 S. Royal Poinciana Blvd., Suite 400, Miami, FL 33166.

MIAMI may condition the production of records responsive to a subpoena upon advance payment of an estimate of the costs and reasonable fees that the Association expects to incur. Any difference between what was paid for the estimate and the actual costs and reasonable fees that the Association incurred will be refunded.

If the subpoena is subsequently withdrawn, quashed, or modified by a party other than MIAMI, MIAMI is entitled to reimbursement for costs and reasonable fees incurred up to the time MIAMI is notified in writing of such an action.

Contact MIAMI’s Legal Department via e-mail at legal@miamire.com if you have any questions.

ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO COVID-19 / CORONAVIRUS

Coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and increased personal protection efforts, including frequent hand washing, vaccinations, and wearing face coverings.

MIAMI Association of REALTORS®, Inc. and its parent companies, subsidiaries, affiliates, and/or its designees, if any (“MIAMI,” “MIAMI REALTORS®,” “we,” “us,” and “our”), cannot guarantee that you (or those you come in close contact with) will not become infected with COVID-19. Further, attending any MIAMI event (including your travel to and from such event) could increase your risk of contracting COVID-19. By participating in MIAMI’s events and programming, you acknowledge and agree to the following:

• You acknowledge the contagious nature of COVID-19 and voluntarily assume all risk that you may be exposed to or infected by COVID-19 and that such exposure or infection may result in personal injury, illness, permanent disability, and death to you or those with whom you come into close contact.
• You further acknowledge and agree to accept sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, to you or those with whom you come into close contact (including your household members) (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless MIAMI Association of REALTORS®, Inc., its employees, officers, board of directors, representatives, sponsors, partners, and members of (“MIAMI”), from and against any and all Claims, including but not limited to all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You further understand and agree that this release includes any Claims based on actions, omissions, or negligence of MIAMI, whether a COVID-19 infection occurs before, during, or after participation in any MIAMI event or programming.
• You agree to abide by any and all posted rules, warnings, or instructions by the venue where the event is held and any government authority with respect to social distances, adherence to any dress code (including mandatory face coverings) and sanitation guidelines. You further agree not to attend the event if you are diagnosed with or suspect that you may have been infected by COVID-19, and in the event, you become ill or suspect you have been infected with COVID-19, you agree to immediately discontinue your participation in the event and alert MIAMI via e-mail or telephone.
• You agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and contact MIAMI if you experience symptoms of COVID-19 within 14 days after participating or volunteering with MIAMI.
• In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in MIAMI events and/or other face to face fundraising activities. By attending a MIAMI event, you certify that you do not fall into any of the following categories:
  • Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath, among others.
  • Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or,
  • Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.
• You acknowledge, understand, and agree to the following: (1) participation in MIAMI’s events and programming includes possible exposure to and illness from infectious diseases including but not limited to COVID-19; and, while particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist and can never be eliminated; (2) you knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of MIAMI, as defined above; (3) You hereby knowingly assume the risk of injury, harm, and loss associated with your participation in and/or attendance at events held or sponsored by MIAMI, including but not limited to those related to illness and infectious diseases, such as COVID-19, even if caused by the negligence, fault or conduct of any kind on the part of MIAMI, as defined above; and, (4) by participating in MIAMI’s events, you hereby release, waive, and forever discharge MIAMI, as defined above, of, from, and against any and all liability, claims, and demands of whatever kind or nature, including but not limited to those related to illness and infectious diseases, such as COVID-19. By attending any event or appointment hosted by MIAMI, you acknowledge and accept the terms of this COVID-19 Waiver.

If you cannot agree to or are unwilling to accept and abide by the foregoing, DO NOT ATTEND any MIAMI event or programming. Failure to agree to or abide by any of the foregoing may result in denial of entry or immediate expulsion from the event at the sole discretion of MIAMI, in addition any and all remedies which may be available to MIAMI, in equity or at law.

COOKIE POLICY

Last updated April 28, 2023

Tracking Cookies Data

MIAMI Association of REALTORS®, Inc. and its parent companies, subsidiaries, affiliates, and/or its designees, if any (“MIAMI,” “MIAMI REALTORS®,” “we,” “us,” and “our”), uses cookies and similar tracking technologies to track the activity on our Websites and hold certain information. Cookies are small data files which are downloaded to your device when you visit a website either for the duration of your visit (a ‘session cookie’) or for repeat visits (a ‘persistent cookie’). Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow us to recognize your browser or device, which helps in the efficient operation of our services. Other similar files such as clear GIFs, web beacons and pixel tags work in the same way and we use the word ‘cookie’ in this policy to refer to all files that collect information in this way. A cookie cannot read data off your hard drive or read cookie files created by other websites. Cookies set by the website operator are called “first party cookies”. Cookies set by parties other than the website operator are called “third party cookies”. The parties that set third party cookies can recognize your web browser both when it visits our Websites and when it visits certain other websites where the third party’s cookies are also present. Data collected pursuant to first party cookies can also be shared with third parties.

Depending on where you are located, you will have different options to control or opt out of the use of cookies. If you are accessing our Platform from another location, by using our Platform you consent to storage and access to cookies and other technologies on your device, in accordance with this Cookie Policy. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some or entire portions of our Websites.

How We Use Cookies

As described in our Privacy Policy, MIAMI uses cookies and other technologies to provide our Websites and to enhance your experience. This Cookie Policy sets out some further detail on how and why we use these technologies on our Websites, which is defined in our Privacy Policy and includes, but is not limited to any website, application, or service we offer.

Cookies serve a variety of functions, like enabling us to remember certain information you provide to us as you navigate between pages on the Platform. We use cookies for the following purposes:

• Authentication: We need to use cookies to enable you to log into secure areas of our Platform. In addition, we may employ third-party services that may use cookies to help you sign into their services from our Websites.
• Services, features, and preferences: We use cookies, like session cookies, to operate our Websites and to provide functionality and help us deliver our products and services according to your preferences in the following ways.
• To facilitate communications: We automatically receive information about communications sent and received using our Websites.
• To remember your settings and preferences: We use cookies to recognize your browser and remember your preferences (such as your preferred language).
• To improve performance: We use cookies to provide the best experience. For example, we use cookies to speed up the loading of our Websites.
• To process payments: Our third-party payment processors may use cookies as part of the payment flow.
• Security: We use cookies to support or enable security features we have deployed, and to help us detect malicious activity and violations of our Terms of Use. These cookies help us prevent fraudulent use of login credentials.
• Performance, Analytics and Research: We use cookies to help us analyze how the Websites are being accessed and used, and enable us to track performance of the Websites. This helps us to understand, improve, and research features and content on the Platform. We may also use other services, such as Google Analytics or other third-party cookies and related technologies, to assist with analyzing performance on our Websites. As part of providing these services, these partners may use cookies and the technologies described below to collect and store information about your device, such as time of visit, pages visited, time spent on each page of the Websites, links clicked and conversion information, IP address, browser, mobile network information, and type of operating system used.
• Advertising: We and any third-party advertising partners use cookies to display ads to you on our Websites and on third party websites or online services, to make those ads more relevant to your interests, and to analyze the effectiveness of ad campaigns. Our first party cookies record your visit to our Websites, the pages you have visited, and the links you have followed, so that we can share relevant ads about MIAMI’s services and other products with you on our Platform and on third party websites or online services. Our advertising partners may include advertisers, advertising service providers, and third-party publishers. They may collect cookie and other information about your activity across different websites, including our Websites, and across your different devices to infer your interests, develop personalized content and deliver ads that may be relevant to you.

Duration of Cookies

Some cookies, known as “session cookies”, will stay on your device only for as long as you are accessing our Websites. Others, known as “persistent cookies,” are stored on your device for longer periods.

Other Technologies

• Use of Other Technologies. We may allow others to provide analytics services and serve advertisements on our behalf. In addition to the uses of cookies described above, these entities may use other methods, such as the technologies described below, to collect information about your use of the Websites and other websites and online services.
• Pixels tags. Pixel tags (which are also called clear GIFs, web beacons, or pixels), are small pieces of code that can be embedded on websites (including MIAMI’s Websites) and emails. Pixels tags may be used to learn how you interact with our site pages and emails, and this information helps us and our partners provide you with a more tailored experience.
• Device Identifiers. A device identifier is a unique label can be used to identify a mobile device. Device identifiers may be used to track, analyze, and improve the performance of the Websites and ads delivered.
• Local storage. Local storage is an industry-standard technology that enables the storage and retrieval of data on a computer, mobile phone, or other device. Local storage may be used to store member preferences on devices. Note that because this choice is a cookie-based mechanism, there are limitations on whether it applies across devices or on other browsers.

Revisions to this Cookie Policy

We may modify this Cookie Policy from time to time, and reserve the right to do so with or without prior notice. When we do, we will provide notice to you by publishing the most current version on our Websites and revising the date at the top of this section. By continuing to use the Websites after any changes come into effect, you agree to the revised Cookie Policy. If you do not agree with all or part of this Cookie Policy, do not use MIAMI’s Websites.

How to Contact Us

If you wish to contact us with any queries or concerns, please contact us at legal@miamire.com.