Welcome to the RUSSELLS YELLOW, INC. ("YELLOW") website, located at www.russellsyellow.com ("Site").
These Terms and Conditions ("Terms") outline your use of the Site and your responsibilities when accessing it. Please also review YELLOW's Privacy Policy to understand how any personal information you share may be used. By accessing or using the Site, you agree to these Terms and the Privacy Policy. If you do not agree, you should not use this Site.
CLIENT RELATIONSHIP
YELLOW facilitates real estate transactions for both buyers and sellers in a role called "transactional brokerage." This role ensures fairness and impartiality to both parties.
Florida Statutes Chapter 475.278 defines the role of a transaction brokerage as follows:
FLORIDA STATUTES 475.278
Authorized brokerage relationships; presumption of transaction brokerage; required disclosures.
LINK: The Florida Statutes
(1) Brokerage relationships.--
(a) Authorized brokerage relationships.--A real estate licensee in this state may enter into a brokerage relationship as either a transaction broker or as a single agent with potential buyers and sellers...
(b) Presumption of transaction brokerage.--It shall be presumed that all licensees are operating as transaction brokers unless a single agent or no brokerage relationship is established, in writing, with a customer.
(2) Transaction broker relationship.--A transaction broker provides a limited form of representation to a buyer, a seller, or both in a real estate transaction but does not represent either in a fiduciary capacity or as a single agent. The duties of the real estate licensee in this limited form of representation include the following:
(a) Dealing honestly and fairly;
(b) Accounting for all funds;
(c) Using skill, care, and diligence in the transaction;
(d) Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer;
(e) Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing;
(f) Limited confidentiality, unless waived in writing by a party. This limited confidentiality will prevent disclosure that the seller will accept a price less than the asking or listed price, that the buyer will pay a price greater than the price submitted in a written offer, of the motivation of any party for selling or buying property, that a seller or buyer will agree to financing terms other than those offered, or of any other information requested by a party to remain confidential; and
(g) Any additional duties that are mutually agreed to with a party.
YELLOW is committed to conducting transactions with transparency and integrity, ensuring all parties receive fair treatment.
MODIFICATIONS
YELLOW may update these Terms from time to time. Changes take effect once posted to the Site. By continuing to use the Site after modifications are made, you accept the updated Terms.
CONTENT & INTELLECTUAL PROPERTY
All content on this Site is provided for informational purposes only and does not constitute legal or professional advice. For specific advice, please consult a qualified professional.
The text, images, videos, graphics, and materials ("Materials") on this Site are owned by YELLOW or its partners and are protected under copyright and trademark laws. Unauthorized use of these Materials is prohibited.
THIRD-PARTY LINKS
The Site may include links to third-party websites for your convenience. YELLOW does not endorse or assume responsibility for the content, policies, or practices of any third-party sites. When leaving the Site, please review the terms and policies of the destination site, as YELLOW's Terms no longer apply.
PRIVATE SHOWING TEXT MESSAGING
Russells YELLOW offers an optional private text messaging program that allows prospective home buyers and property sellers to communicate about an approved property showing without disclosing their personal telephone numbers to each other.
Property sellers opt in through the Russells YELLOW listing form by affirmatively selecting that they agree to receive private showing-related text messages. After a showing is approved, the buyer may be provided with a temporary proxy telephone number. The buyer opts in by voluntarily sending the first text message to that number. Russell’s YELLOW does not automatically enroll the buyer in the private showing text conversation.
Messages may include arrival or delay notices, showing access questions, scheduling information, and questions relating to the property or showing. This messaging program is not used for marketing, promotional messages, affiliate marketing, or third-party lead generation.
Message frequency varies based on participant activity. Message and data rates may apply. Consent to receive text messages is optional and is not a condition of creating an account, listing a property, requesting a showing, purchasing a home, or using other Russell’s YELLOW services.
Russells YELLOW uses a temporary proxy telephone number so the buyer’s and seller’s personal telephone numbers are not disclosed to each other. The private text connection automatically closes at 9:00 PM on the date of the showing, and messages sent after the connection closes will not be delivered.
Users may reply STOP at any time to stop receiving messages. After replying STOP, the user will receive confirmation that they have been unsubscribed and will receive no further messages from that number unless they opt in again. Users may reply HELP for assistance or contact Russell’s YELLOW at russell@russellsyellow.com or 1 (844) 410-1234.
Wireless carriers are not responsible for delayed or undelivered messages.
Mobile telephone numbers, SMS consent records, and opt-in information will not be sold, rented, or shared with third parties or affiliates for marketing or promotional purposes. Please review the Russell’s YELLOW Privacy Policy for additional information concerning the collection and use of personal information.
SITE PROVIDED "AS-IS"
This Site is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. YELLOW does not guarantee that the Site will meet performance standards, operate without error, or provide uninterrupted access. Your use of the Site is at your own risk.
To the fullest extent permitted by law, YELLOW disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
LIMITATION OF LIABILITY
To the fullest extent allowed by law, YELLOW, its employees, and affiliates are not responsible for any damages resulting from your use of this site. This includes any direct, indirect, incidental, or consequential damages. YELLOW is also not liable for loss of profits, data, or any other intangible losses, even if we were aware of the possibility of such damages.
This applies to any issues you may face with the website, its content, or third-party links. By using this site, you agree that YELLOW is not responsible for any harm caused by these circumstances.
TERMINATION
You may discontinue use of the Site at any time. YELLOW reserves the right to suspend, restrict, or terminate your access to the Site without notice for any reason, including violation of these Terms.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
YELLOW respects the intellectual property rights of others and complies with the DMCA. If you believe your copyright has been infringed, please contact YELLOW's designated Copyright Agent with the required information. YELLOW will take appropriate action, including removing infringing material when necessary.
DESIGNATED COPYRIGHT AGENT:
B. Russell
RUSSELLS YELLOW, INC.
PO Box 241
Ponte Vedra Beach, FL 32004
Toll-free: 1 (844) 410-1234
russell@russellsyellow.com
ENTIRE AGREEMENT
These Terms represent the entire agreement between you and YELLOW regarding your use of the Site. They supersede any prior agreements or communications.
MISCELLANEOUS
If any provision of these Terms is deemed unenforceable, the remaining provisions will remain in effect. YELLOW may assign its rights under these Terms without notice or consent. Your use of the Site does not establish any agency, partnership, or joint venture relationship with YELLOW.