Terms of Service
Last updated: August 10, 2026
Agreement to Our Legal Terms
We are Gatherline LLC, a Florida limited liability company (the “Company,” “we,” “us,” “our”), located at 7901 4th Street North, Suite 300, St. Petersburg, FL 33702. We operate the websites https://gatherline.com/, as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
Gatherline is an AI-powered platform that helps real estate professionals measure and improve their online presence, reputation, visibility, and marketing performance. The Services may include analytics, benchmarking, coaching recommendations, reputation monitoring, competitive insights, review request tools, and monitoring how they appear across search engines, AI platforms, and other online channels.
You can contact us by phone at (239) 223-1485, email at info@gatherline.com, or by mail at 7901 4th Street North, Suite 300, St. Petersburg, FL 33702, United States.
These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and the Company, concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents posted on the Services from time to time are hereby incorporated by reference. We reserve the right, in our sole discretion, to modify these Legal Terms at any time and for any reason. We will alert you about changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of the Services after the revised Legal Terms are posted indicates your acceptance of the changes.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
Table of Contents
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Our Services
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Listing Data and Accuracy
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Online Visibility Report
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Marketing Score, Coaching, and Recommendations
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Artificial Intelligence Features
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Fees and Subscriptions
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Intellectual Property Rights
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User Representations
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User Registration
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Prohibited Activities
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User Generated Contributions
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Contribution License
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Services Management
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Privacy Policy
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Compliance with Laws and Regulations
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Term and Termination
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Modifications and Interruptions
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Governing Law
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Dispute Resolution
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Corrections
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Disclaimer
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Limitations of Liability
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Indemnification
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User Data
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Electronic Communications, Transactions, and Signatures
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California Users and Residents
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Miscellaneous
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Contact Us
1. Our Services
Gatherline provides a platform that helps real estate professionals measure and improve their online presence, reputation, visibility, and marketing performance. Depending on the features you use, the Services may:
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Guide you through an onboarding process and calculate a proprietary “marketing score” based on formulas that assess reach, engagement, and conversion performance;
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Provide coaching recommendations and educational content, including recommendations informed by industry statistics such as those published by the National Association of REALTORS® (NAR);
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Allow you to import property listings and generate auto-created tracking links and QR codes to monitor views and engagement across channels;
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Provide analytics dashboards and generate reports, including client- or seller-facing reports; and
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Offer a free Online Visibility Report that summarizes aspects of an individual’s online presence, which may include how they appear in AI-generated recommendations, their presence on third-party directory and review sites, and publicly available business listing information.
Gatherline is a marketing and informational tool only. We are not a real estate brokerage, are not a party to any real estate transaction, and do not provide real estate, brokerage, legal, financial, tax, or investment advice. We do not guarantee any particular level of marketing performance, lead generation, sales, listings, or business results.
The Services may rely on third-party tools, infrastructure, and service providers to operate core functionality, including data sourcing, communications, artificial intelligence, hosting, storage, and security, and Gatherline is not responsible for the acts or omissions of such third parties.
The Services include features and content provided by Google Maps. Your use of Google Maps features and content is subject to the then-current Google Maps End User Additional Terms of Service (https://maps.google.com/help/terms_maps) and the Google Privacy Policy (https://policies.google.com/privacy).
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. Listing Data and Accuracy
The Services may allow you to import, display, and share property listing information, including listing details and photographs, some of which may be sourced from multiple listing services (each, an “MLS”) or brokerage data feeds pursuant to applicable data-access agreements.
You acknowledge and agree that:
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Static Display, Not a Live Feed. Listing information displayed through the Services reflects a point-in-time snapshot and does not update automatically. Listing status, price, availability, and other details may change (including a property being placed under contract or sold) without corresponding updates on the Services. The Services function as a marketing and display tool for convenience only.
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Your Responsibility. You are solely responsible for ensuring that any listing you import, display, or promote through the Services is accurate, current, and authorized, and for updating or removing listings as needed. You represent and warrant that you have all rights and authorizations necessary to display and market each listing, including any required consent of the listing brokerage and compliance with applicable MLS rules.
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Attribution and Compliance. You are responsible for complying with all applicable MLS rules, IDX/data-license requirements, and listing-attribution obligations in connection with your use of listing data.
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No Verification. Gatherline does not independently verify the accuracy, legality, or current status of any listing and is not responsible for any errors, omissions, or outdated information in listing data.
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Client and Seller Information. The Services may allow you to input personal information about your clients or the property sellers you represent, such as their name and email address, and to authorize communications (such as weekly performance emails) to those individuals. You represent and warrant that you have all necessary rights, permissions, and consents to provide that information to Gatherline and to authorize us to send communications to those individuals in connection with the Services, and that doing so complies with all applicable laws, including laws governing electronic communications, telemarketing, and advertising.
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Public Property Pages and Engagement Tracking. The property pages and tracking links you generate through the Services are publicly accessible to anyone with the link (for example, when shared by direct link, QR code, or social media). We collect and log engagement and analytics data in connection with these pages, including views, clicks, traffic sources, and visitor signals such as a hashed IP address, to provide your analytics and improve the Services, as further described in our Privacy Policy. Public agent profile pages, public property pages, and other publicly accessible content on the Services may be published in structured, machine-readable formats (such as schema markup) and made available for indexing by search engines, web crawlers, and AI platforms. By using the Services, you consent to the publication of your profile content and listing information in these formats.
3. Online Visibility Report
The free Online Visibility Report allows individuals, including individuals who are not registered users, to submit limited information (such as name, brokerage, and email address) to receive a summary of aspects of their online presence based on publicly available data and third-party sources, which may include AI-generated recommendations, third-party directory and review sites, and publicly available business listing information. By submitting a request, you represent that the information you provide is your own or that you are authorized to submit it. The Online Visibility Report is an automated summary provided for informational purposes only, is based on third-party and publicly available data, and is not a guarantee or representation of actual online reach, performance, or results.
4. Marketing Score, Coaching, and Recommendations
The marketing score, benchmarks, coaching recommendations, and other outputs provided through the Services are generated using proprietary formulas, third-party data, industry statistics, and automated tools, including artificial intelligence. These outputs are estimates and suggestions provided for informational and educational purposes only. They are not professional advice, and they are not an official, certified, or industry-standard rating or endorsement. Gatherline does not guarantee their accuracy, completeness, or that following any recommendation will produce any particular result, and neither you nor any third party (including your clients) should rely on them as such. You are solely responsible for your own marketing, advertising, and business decisions and for ensuring that any marketing activity you undertake complies with applicable law and professional obligations.
Gatherline is not affiliated with, endorsed by, or sponsored by the National Association of REALTORS®, any MLS, or any third-party listing or social-media platform referenced in the Services.
5. Artificial Intelligence Features
The Services may include features that query third-party artificial intelligence services and search tools to generate content, coaching, recommendations, and gather publicly available information about real estate professionals and market conditions. These features may collect and display information about real estate agents and brokerages who are not customers of the Services, including their names, brokerage affiliations, online visibility, and how they appear in AI-generated recommendations and search results. As with other AI-generated output in the Services, this information is derived from publicly available sources and third-party artificial intelligence models, may be inaccurate, incomplete, misleading, not reflective of recent events or information, or not suitable for your particular circumstances, and is provided for informational purposes only. Gatherline does not independently verify this information and makes no representation regarding its accuracy. You are responsible for reviewing all AI-generated output, including any competitive insights generated through these features, before relying on or distributing it, and you should not treat such output as professional advice or rely on it as a basis for business decisions without independent verification.
6. Fees and Subscriptions
Access to certain Services requires a paid subscription or other fees. Applicable fees, billing frequency, and plan features will be disclosed to you prior to purchase. Unless otherwise stated, subscription fees are billed in advance on a recurring basis and are non-refundable except as required by law. We may modify our fees or plans at any time upon reasonable notice; changes will not affect the then-current paid subscription term. You authorize us and our third-party payment processors to charge your designated payment method for all applicable fees. If a payment fails or is past due, we may suspend or terminate your access to paid features.
7. Intellectual Property Rights
Our Intellectual Property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws in the United States and globally). The Content and Marks are provided “AS IS” for your internal business purpose only.
Your Use of Our Services
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to use the Content and outputs you generate through the Services for your internal business and marketing purposes. No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever beyond your permitted use, without our express prior written permission. Any breach of these Intellectual Property Rights constitutes a material breach of these Legal Terms and your right to use the Services will terminate immediately.
Your Submissions
By sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you assign to us all intellectual property rights in such Submission. You agree that we shall own the Submission and may use and disseminate it for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for any Submissions you submit, post, or upload through any part of the Services, and you confirm that:
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The Submissions comply with our Prohibited Activities and are not illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading;
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To the extent permitted by law, you waive any and all moral rights to any such Submission;
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The Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights; and
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The Submissions do not constitute confidential information.
You agree to reimburse us for any losses due to your breach of this section, any third party's intellectual property rights, or applicable law.
8. User Representations
By using the Services, you represent and warrant that:
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All registration information you submit will be true, accurate, current, and complete;
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You will maintain the accuracy of such information and promptly update such registration information as necessary;
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If you are a real estate professional, your license number, brokerage affiliation, and other professional information are true, accurate, and current, and you are authorized and in good standing to conduct the marketing activities you undertake through the Services;
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You are authorized to enter into these Legal Terms on behalf of yourself and, where applicable, the brokerage or entity on whose behalf you register;
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You have the legal capacity and agree to comply with these Legal Terms;
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You are not a minor in the jurisdiction in which you reside;
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You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
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You will not use the Services for any illegal or unauthorized purpose; and
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Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
9. User Registration
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
10. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those expressly permitted under these Legal Terms or otherwise approved by us. You agree not to:
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Use another user’s account, credentials, agent identification code, or license number, or otherwise access or pull listings or data using credentials or codes that are not your own;
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Impersonate or attempt to impersonate another agent, brokerage, person, or entity, or misrepresent your affiliation with any person or entity;
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Systematically retrieve, scrape, or harvest data or content from the Services to create or compile a collection, compilation, database, or directory without our written permission;
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Trick, defraud, or mislead us or other users to obtain sensitive information such as passwords;
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Circumvent, disable, bypass, or otherwise interfere with security-related features of the Services;
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Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other malicious or disruptive material;
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Engage in any automated use of the Services, or use any data mining, robots, or similar data-gathering and extraction tools, except as expressly permitted;
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Decipher, decompile, disassemble, or reverse engineer any software comprising or in any way making up a part of the Services;
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Copy or adapt the Services’ software;
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Delete the copyright or other proprietary rights notice from any Content;
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Use the Services in violation of any applicable law, MLS rule, or third-party data-license requirement;
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Use the Services to send unlawful, unsolicited, or deceptive marketing communications, or in violation of laws governing electronic communications, telemarketing, or advertising;
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Advertise or offer to sell goods or services not related to your permitted use of the Services;
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Use the Services as part of any effort to compete with us or for any unauthorized commercial purpose;
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Engage in unauthorized framing of or linking to the Services;
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Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
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Misuse our support services or submit false reports of abuse or misconduct;
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Sell or otherwise transfer your profile or account;
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Disparage, tarnish, or harm, in our opinion, us and/or the Services; or
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Harass, annoy, abuse, threaten, intimidate or harm any other person, including our employees or agents.
11. User Generated Contributions
The Services may allow you to submit, post, or share content and materials, including but not limited to text, listing information, photographs, videos, marketing materials, comments, or suggestions (collectively, “Contributions”). Contributions may be viewable by other users, by recipients you designate (such as clients), or on third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:
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The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
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You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users to use your Contributions in any manner contemplated by the Services and these Legal Terms;
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You have the written consent, release, and/or permission of each identifiable individual person in your Contributions to use their name or likeness to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms;
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Your Contributions are not false, inaccurate, or misleading;
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Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
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Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
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Your Contributions do not and are not used to harass, ridicule, mock, disparage, intimidate, threaten, or abuse any other person or to promote violence against a specific person or class of people;
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Your Contributions do not violate any applicable law, rule, or regulation;
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Your Contributions do not violate the privacy or publicity rights of any third party;
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Your Contributions do not violate any applicable law intended to protect the health or well-being of minors; and
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Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
12. Contribution License
We may access, store, process, and use any information and personal data you provide, including your choices (such as settings). By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
13. Services Management
We reserve the right, but not the obligation, to:
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Monitor the Services for violations of these Legal Terms;
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Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
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In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
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In our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive or burdensome to our systems; and
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Otherwise manage the Services to protect our rights and property and to facilitate the proper functioning of the Services.
14. Privacy Policy
We prioritize data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. Your information may be transferred to, stored, and processed in the United States and by our third-party service providers. By using the Services, you consent to such transfer and processing.
15. Compliance with Laws and Regulations
You are solely responsible for complying with all laws, regulations, and professional and ethical obligations applicable to your use of the Services and your real estate marketing activities, including, without limitation, applicable MLS and IDX rules, real estate licensing laws, fair housing and advertising laws, the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and other laws governing electronic and telephonic communications and advertising, and the rules of any professional association to which you belong. You are responsible for obtaining any necessary consents before using the Services to contact consumers or distribute marketing communications. Gatherline does not verify or guarantee your compliance, and you agree to indemnify and hold Gatherline harmless from any claims, fines, or penalties arising from your non-compliance. Gatherline is committed to fair housing and prohibits use of the Services to engage in or facilitate unlawful discrimination; violators may have their accounts removed.
16. Term and Termination
These Legal Terms remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services, to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
18. Governing Law
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
19. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each, a “Dispute” and collectively, the “Disputes”) brought by you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those expressly excluded below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both available at the AAA website. Your arbitration fees and share of arbitrator compensation shall be governed by the AAA Consumer Rules. The arbitration may be conducted in person, through document submission, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise required by the applicable AAA rules or law, the arbitration will take place in Pinellas County, Florida. The Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator’s award.
If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Pinellas County, Florida, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Legal Terms. To the fullest extent permitted by applicable law, no Dispute brought by either Party related to the Services may be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed above.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding, (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to informal negotiations or binding arbitration: (a) Disputes seeking to enforce or protect, or concerning the validity of, any Party’s intellectual property rights; (b) Disputes related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, such Disputes shall be decided by a court of competent jurisdiction within the courts of Pinellas County, Florida.
20. Corrections
There may be information in the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
21. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’ Content, any listing data, marketing scores, coaching recommendations, visibility reports, or AI-generated output, and we will assume no liability or responsibility for any: (1) errors, mistakes, or inaccuracies of Content and materials; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services; (3) any unauthorized access to or use of our secure servers and/or any personal and/or financial information stored therein; (4) any interruption or cessation of transmission to or from the Services; (5) any bugs, interruptions, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; and/or (6) any errors or omissions in any Content and materials or for any loss or damage incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or responsible for monitoring any transaction between you and any third-party providers of products or services. We do not warrant that use of the Services will generate any particular marketing, lead, sales, or business result. As with any marketing or business decision, you should use your best judgment and exercise caution where appropriate.
22. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES, OR THESE LEGAL TERMS, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT YOU HAVE PAID TO US FOR THE USE OF THE SERVICES IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $500.00 USD.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR THESE LEGAL TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. FAILURE TO FILE WITHIN THIS PERIOD WILL RESULT IN THE CLAIM BEING PERMANENTLY BARRED.
23. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any and all claims, losses, damages, liabilities, obligations, demands, and expenses (including reasonable attorneys’ fees), due to or arising out of:
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Your Contributions;
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Your use of the Services in a manner not authorized by these Legal Terms;
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Your violation of any of these Legal Terms, including but not limited to, your breach of any of your representations and warranties set forth in these Legal Terms;
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Your violation of any rights of a third party, including any client or seller, including but not limited to intellectual property rights, privacy rights, or publicity rights;
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Your violation of any applicable law, rule or regulation, including any MLS rule or data-licensing requirement;
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Your marketing, advertising, or communications activities conducted through or in connection with the Services;
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Your gross negligence, willful misconduct, or fraud.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
24. User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as any data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
25. Electronic Communications, Transactions, and Signatures
Using the Services, sending us emails, or completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records.
26. California Users and Residents
If any complaint with us is not resolved satisfactorily, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
27. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permitted by applicable law. We may assign our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties to execute these Legal Terms.
28. Contact Us
To resolve a complaint or to receive further information, please contact us at:
Gatherline LLC
7901 4th Street North, Suite 300
St. Petersburg, FL 33702
United States
Phone: (239) 223-1485
