Terms of Use and Privacy Policy - Naples Living Team

naplesliving.us — Terms of Use & Privacy Policy
Owner/Operator: Nicholas Nolan, LLC (a Florida limited liability company)
Effective date: August 8, 2025
Contact: nick@naplesliving.us

Plain-English note: This website is operated by Nicholas Nolan, LLC (“Company,” “we,” “our,” “us”). These Terms of Use (“Terms”) govern your use of naplesliving.us and any related pages, tools, forms, or services we provide (collectively, the “Site”). The Privacy Policy explains how we collect, use, and share personal information. By using the Site, you agree to the Terms and acknowledge the Privacy Policy.

TERMS OF USE

1) Acceptance of the Terms
By accessing or using the Site, you agree to be bound by these Terms and any additional terms and policies referenced in or linked from these Terms (including our Privacy Policy). If you do not agree, do not use the Site. We may update the Terms at any time; continued use means you accept the updated Terms.

2) Who May Use the Site; Geographic Scope
The Site is intended for individuals 18 or older and primarily for U.S. residents. You represent that you have legal capacity to agree to these Terms. You must comply with all applicable laws when using the Site.

3) Real Estate & Brokerage Disclosures (General)
Information on the Site is for general informational and marketing purposes only and is not legal, tax, or financial advice. Real estate listings, market data, and neighborhood information may be provided by third parties (including MLS/IDX feeds) and may change without notice. We make no guarantee of accuracy or availability. Equal Housing Opportunity.

4) No Agency or Client Relationship from Site Use
Viewing the Site, contacting us through forms, or scheduling a call does not create an agency or client relationship. Any such relationship will arise only after both parties sign a written agreement.

5) Accounts, Credentials & Security
If you create an account (e.g., to save searches or receive alerts), you are responsible for maintaining the confidentiality of your credentials and all activity under your account. Notify us immediately of any unauthorized use. We may suspend or terminate accounts for any reason.

6) Acceptable Use
You agree not to: (a) scrape, harvest, or index the Site (except for standard search engine indexing); (b) misuse MLS/IDX data (including copying, resale, or derivative datasets); (c) upload malware or interfere with Site operations; (d) infringe others’ rights; (e) use the Site for unlawful, deceptive, or misleading purposes; or (f) attempt to bypass security or usage limits.

7) Intellectual Property
The Site and its contents (text, graphics, logos, photos, videos, software, and compilation) are owned by us or our licensors and are protected by U.S. and Florida law. You receive a limited, revocable, nonexclusive license to access and use the Site for personal, non-commercial use in accordance with these Terms. All trademarks are the property of their respective owners.

8) User Contributions & License
If you submit content (reviews, messages, forms, photos), you grant us a worldwide, royalty-free, sublicensable license to host, reproduce, distribute, display, and create derivative works from that content in connection with the Site and our business. You represent you have the necessary rights and that your content does not violate law or third-party rights. We may remove content at any time.

9) Third-Party Services & Links
The Site may link to or integrate third-party services (e.g., mapping, analytics, scheduling, MLS search, CRM, email delivery). We are not responsible for third-party content, policies, or practices. Your use of those services is subject to their terms and privacy policies.

10) Market Data; No Warranties
All information is provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, we disclaim all warranties (express, implied, or statutory), including merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and accuracy/timeliness of market or listing data.

11) Limitation of Liability
To the fullest extent allowed by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or business interruption, even if advised of the possibility. Our total liability for any claim arising out of or relating to the Site will not exceed $100 or the amount you paid us in the 3 months preceding the event giving rise to the claim, whichever is greater. Some jurisdictions do not allow certain limitations; in such cases, the limitations apply to the maximum extent permitted.

12) Indemnification
You agree to defend, indemnify, and hold us (and our members, managers, employees, contractors, brokers, and agents) harmless from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Site, your content, or your violation of these Terms or applicable law.

13) Electronic Communications; SMS Consent
By providing your email or phone number, you consent to receive communications from us, including marketing emails and SMS/MMS messages. Message and data rates may apply. You can opt out at any time (e.g., “STOP” for texts or using email unsubscribe links). We may still send transactional messages (e.g., about appointments or legal notices).

14) Changes, Suspension, Termination
We may modify the Site or these Terms, or suspend/terminate access, at any time without liability. We may provide notice by posting updated Terms with a new effective date.

15) Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY—IT AFFECTS YOUR RIGHTS. Any dispute, claim, or controversy arising out of or relating to the Site or these Terms will be resolved by binding arbitration on an individual basis, rather than in court, except that you or we may seek relief in small claims court within Collier County, Florida, if eligible. Class actions and class arbitrations are not permitted.

- Arbitration shall be administered by [AAA or JAMS—Select One] under its applicable rules for consumer disputes.
- The seat and venue of arbitration will be Collier County, Florida.
- The arbitrator may award individual relief and attorneys’ fees only to the extent authorized by applicable law.
- You may opt out of arbitration within 30 days of first using the Site by emailing nick@naplesliving.us with subject line “Arbitration Opt-Out” and your name and contact information.

If this arbitration clause is found unenforceable for a particular claim, you agree to the exclusive jurisdiction and venue of the state and federal courts located in Collier County, Florida, and waive any objection to inconvenient forum or lack of personal jurisdiction. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.

16) Governing Law; Venue
These Terms and any dispute arising out of or relating to them are governed by the laws of the State of Florida, without regard to its conflict of laws rules. Venue and jurisdiction are as set forth above.

17) Export & Sanctions
You may not use the Site in violation of U.S. export control or sanctions laws.

18) Severability; Entire Agreement; Assignment
If any provision is unlawful or unenforceable, it will be severed, and the remainder will remain in effect. These Terms constitute the entire agreement regarding the Site and supersede prior or contemporaneous understandings. We may assign these Terms; you may not assign without our consent.

19) Contact
Questions about these Terms: nick@naplesliving.us

20) Florida Advertising (FREC) Compliance; Display Variances; Notice-and-Cure
We strive in good faith to comply with Florida real estate advertising requirements administered by the Florida Real Estate Commission (FREC). Without limiting the foregoing and where applicable to website placements, we intend to display the licensed brokerage name (Realty ONE Group MVP) above, below, or adjacent to points of contact (e.g., phone number, email address, contact forms) and to avoid false, misleading, or “blind” advertising.

Unintentional technical issues. The Site uses dynamic layouts, third‑party widgets, IDX/MLS feeds, CDNs, caching, A/B testing, ad platforms, and user‑dependent device/browser settings. As a result, temporary omissions, misplacements, or size variances may occasionally occur. Any such occurrence is unintentional, does not constitute an admission of noncompliance, and will be corrected upon notice.

Notice‑and‑cure; exclusive remedy. If you believe any page, module, or placement is noncompliant, please email nick@naplesliving.us with the URL, date/time, and a screenshot. We will use commercially reasonable efforts to correct or remove the content within a reasonable period (typically 10 business days). To the maximum extent permitted by law, your exclusive remedy for any temporary display variance is correction or removal; we disclaim any damages (including indirect, incidental, special, consequential, or punitive) arising from such temporary variance.

Third‑party services. We are not responsible for the acts or omissions of third parties (including MLS/IDX providers, hosting, analytics, ad networks, plugins, and content delivery networks). No duty to monitor is created beyond what applicable law requires. No waiver of rights is intended; we reserve all rights and defenses.

21) Force Majeure; Technology Failures
To the maximum extent permitted by law, we will not be liable for any delay, interruption, or failure to perform resulting from causes beyond our reasonable control, including without limitation acts of God; severe weather; fire, flood, or other natural events; public health events; war, terrorism, civil unrest, or embargos; labor disputes; power failures; utility or telecommunications outages; Internet, hosting, CDN, or third‑party platform downtime; DDoS or other attacks; malware; changes in MLS/IDX feeds or requirements; failures of third‑party plugins, APIs, browsers, operating systems, or devices; and governmental actions. Service may be suspended or degraded during such events. This clause supplements our warranty disclaimers and limitations of liability, and does not constitute an admission of liability.

PRIVACY POLICY

1) Scope & Roles
This Privacy Policy describes how Nicholas Nolan, LLC collects, uses, discloses, and protects personal information when you use naplesliving.us and related services. We act as the “business”/“controller” for the data we collect directly and may act as a “service provider”/“processor” for certain integrations.

2) Information We Collect
a) You provide: name, email, phone, address, preferences, form messages, appointment details, saved searches, offer or property criteria, and any other information you submit.
b) Collected automatically: device and usage data (IP address, browser type/version, pages visited, timestamps, referring URLs), approximate location, and cookies or similar technologies.
c) From third parties: MLS/IDX providers, lead sources, advertising platforms, analytics vendors, scheduling tools, mapping providers, payment processors (if used), your brokerage (if integrated), and social media (if you connect or interact).

3) Cookies & Similar Technologies
We and our vendors use cookies, pixels, and SDKs to operate the Site, remember preferences, analyze traffic, and measure/serve ads. You can control cookies via your browser settings and certain opt-out tools. Disabling cookies may impact Site functionality.

4) How We Use Information
We use personal information to:
• operate, secure, and improve the Site and our services;
• respond to inquiries and provide client service;
• send alerts, newsletters, SMS, and marketing communications (you can opt out);
• personalize content (e.g., saved searches, market updates);
• comply with legal obligations and enforce our Terms;
• protect rights, property, safety, and prevent fraud/abuse;
• perform analytics and measure marketing effectiveness;
• support transactions and referrals with cooperating brokers/agents and service providers.

5) Sharing & Disclosure
We may share personal information with:
Service providers (hosting, CRM, email/SMS delivery, analytics, scheduling, customer support, security).
MLS/IDX & brokerage partners to comply with data licenses, show listings, or facilitate cooperation.
Advertising/analytics partners (subject to your choices).
Professional advisors (lawyers, accountants, auditors).
Authorities where required by law or to protect rights/safety.
Business transfers in connection with a merger, acquisition, financing, or sale of assets.

Vendor Examples (subject to change): website hosting and CRM (e.g., Agent3000 or similar), email delivery (e.g., Mailchimp or Elastic Email), analytics (e.g., Google Analytics), scheduling (e.g., Calendly), mapping (e.g., Google Maps), and IDX/MLS integration partners. Your use of third-party services is governed by their terms and policies.

6) Your Choices & Rights
You may:
• opt out of marketing emails via unsubscribe links;
• opt out of texts by replying STOP;
• manage cookies in your browser;
• request access, correction, or deletion of your personal information by emailing nick@naplesliving.us with subject line “Privacy Request.”
We will honor applicable rights under Florida and U.S. law and may take reasonable steps to verify your identity. Certain data (e.g., compliance or transaction records) may be retained as required by law or for legitimate business purposes.

7) Data Retention
We retain personal information for as long as reasonably necessary to fulfill the purposes above, comply with legal obligations (including real estate recordkeeping), resolve disputes, and enforce agreements.

8) Security
We employ administrative, technical, and physical safeguards appropriate to the nature of the data we process. No method of transmission or storage is 100% secure.

9) Children’s Privacy
The Site is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child has provided information, contact us to request deletion.

10) Do Not Track; Preference Signals
The Site does not currently respond to browser Do Not Track signals. We will process privacy preference signals if and to the extent required by applicable law.

11) International Visitors
We are based in the United States, and the Site is intended for U.S. use. If you access the Site from outside the U.S., you consent to the transfer and processing of your information in the U.S. under U.S. law, which may differ from your jurisdiction’s laws.

12) Changes to This Policy
We may update this Privacy Policy from time to time. The “Effective date” above reflects the latest version. Material changes will be posted on the Site.

13) Contact Us
Questions or requests about privacy: nick@naplesliving.us
Data controller: Nicholas Nolan, LLC, a Florida limited liability company.

Mailing address:

7901 4TH ST N STE 300
ST. PETERSBURG, FL 33702