TERMS OF USE & NON-COMPETE

FloridaRealEstate.Chat
&
The WhatsApp Group Chat for Florida Real Estate Chat
AKA: "The Chat"

Promotional Period

The $0.99/month rate is a 3-month promotional period. At the end of the 3 months, your account will be billed $4.99/mo. You hereby agree, and pre-authorize these charges to be made to the card on file, and understand that no refunds or credits will be issued.

IMPORTANT — Legally Protected & Proprietary, Confidential, Privileged, Owned Data / Information

The phone numbers, names, and contact information — due to their unique and intrinsic value; their compilation; extremely targeted audience; income potential; combined net worth; years of know-how, money, and time invested in building such compilation; value to competitors; potential for massive loss of income; the openness at which they can be observed; and the value of the substantial and irreplaceable relationships the Chat founder has nurtured over 20 years — are subject to the following:

All members of "The Chat" agree to be strictly bound by Chapter 688, Uniform Trade Secrets Act, Florida Law, and agree that the compilation of chat members and their contact information is proprietary, confidential, trade-secret product, data, and compilation of "The Chat."

Chat members, and thus recipients of contact information such as phone numbers, WhatsApp contact information, and WhatsApp links to external business platforms and websites, shall strictly maintain the confidentiality of said Proprietary Information and protect the legitimate business interests of "The Chat."

"Legitimate Business Interest" Includes, But Is Not Limited To:

Trade secrets, as defined in s. 688.002(4), Florida Statutes
Valuable confidential business or professional information that otherwise does not qualify as trade secrets
Substantial relationships with specific prospective or existing customers, patients, or clients
Customer, patient, or client associated with:
- An ongoing business or professional practice, or transaction
- A specific geographic location or zip code; or
- A specific marketing criteria, tactic, system, or trade

Forbidden Theft / Scraping / Selling / Use of Member Data or Contact Info

Any member, person, or business caught transcribing, copying, stealing, or using outside of the chat any of the members' phone numbers or contact information to advertise, contact, sell, solicit, network, or otherwise engage in commerce, or compete with "The Chat's" legitimate business interests — such as:

Real Estate Sales
Real Estate Mentoring
Real Estate Wholesaling
Competing or Similar WhatsApp Chats

or offers to join Real Estate Marketing channels like:

Email Marketing
SMS Marketing
Network Event Invitations
Website Sign-Up Form

ARE STRICTLY FORBIDDEN AND AGAINST THE CHAT RULES AND TERMS OF USE AND NON-COMPETE.

Please transact all real estate sales through the Admin.
Do not offer competing products or services to "The Chat" that compete with "The Chat." See aforementioned forms of forbidden competition.

Each incident of member information stolen will be dealt with as follows: each incident will be considered by "The Chat" a $2,500 civil penalty, plus all applicable and conceivable damages legally allowed, calculated and compounding with 18% interest and accounting 10% a year for inflation in addition thereto.

Additionally, and notwithstanding, any electronic payment method on file — you hereby agree and authorize "The Chat" to charge a $2,500 penalty per customer or incident, to be calculated at "The Chat's" discretion.

"The Chat" will be obligated to provide indisputable evidence, or a preponderance of evidence, of the alleged violation to the alleged violator before any such charges can be made.

The Chat is here to serve members honestly, fairly, and with the utmost integrity at all times. The Chat is not to penalize people for honest mistakes. Bad intentions will be scrutinized.

Chat Rules

By participating in "The Chat," you hereby agree to abide by, and be bound legally, ethically, and otherwise to, the Chat Rules located on the website www.FloridaRealEstate.Chat.

Violation of Chat Rules

A private reminder of the rules
Permanent ban or temporary suspension from the WhatsApp Chat

Undisputable Violations of Circumvention

Circumventing the Admin on a deal introduced to you by the Admin — whereby, throughout the process of due diligence on a property created for a Chat Member by "The Chat," you decide to buy from another wholesaler, or go direct to the seller/assignor
Exchanging contact information with sellers/wholesalers at showings
Contacting sellers/wholesalers after closings

"The Chat" will be obligated to provide indisputable evidence, or a preponderance of evidence, of the alleged violation to the alleged violator before any such charges can be made.

The Chat is here to serve members honestly, fairly, and with the utmost integrity at all times. The Chat is not to penalize people for honest mistakes. Bad intentions will be scrutinized.

Free / Lifetime Membership

Buy a property from Wholesale Home Sales, LLC and get a free membership for life, with the restriction of 1 property purchase within every 12-month period. Should there be a lapse, a new membership will be activated at $9.99/month until such time as the aforementioned process repeats.

Cancellation Policy

The billing cycle is every 30 days from your original date of purchase. You may cancel at any time. By cancelling, your next billing cycle and future billing cycles will be cancelled.

To Cancel: Email Iamthemanagerllc@gmail.com and include your billing name, last 4 digits of the card on file, and chat phone number.

Refund Policy

There are no prorated refunds for cancellations. Services are considered rendered and completed at the time of payment. There are no refunds. You may cancel at any time — see the Cancellation Policy above.

Remedies

Legal action: jurisdiction of Pinellas County or Broward County, at "The Chat's" decision. State of Florida.
All litigation must have as a condition precedent a Letter of Intent to Sue, containing the evidentiary information, the grievance, the demand, and contact information of the person or their attorney. It must be emailed to Iamthemangerllc@gmail.com and sent by certified return-receipt mail to 1314 E Las Olas Blvd #607, Fort Lauderdale, FL 33301, ATTN: Wholesale Home Sales, LLC.
The Chat Member will not be entitled to a jury trial.
All claims must be made in small claims court by any Chat Member, business, or person suing "The Chat."
No damages or compensation of any kind, including attorneys' fees, may be awarded to any person or entity suing "The Chat."
The maximum award, compensation, damages, or judgment you agree to pursue — regardless of how excessive your perceived or actual damages may be — is $25,000, pre-agreed to be paid in monthly installments over 5 years with zero interest.
The Chat reserves all rights and remedies under the law and is not bound, limited, or restrained by these remedies as Chat Members are bound.
When suing "The Chat," you are forbidden from naming any individual corporate members as defendants or parties.
No attorney fees will be sought or awarded against "The Chat."
There is no arbitration or mediation clause or agreement.

The Chat reserves the right to seek civil damages, or immediate liquidated damages by charging credit, debit, or other electronic payment methods on file, for the most egregious and blatant violations of the Chat Rules, in accordance with the "Undisputable Violations of Circumvention" and "Forbidden Theft/Scraping/Selling/Use of Member Data or Contact Info" sections above.

English / No Hablo Ingles?

English is your first language. You fully understand this Terms of Use and agree to abide by your obligations. If English is not understood by the Chat Member, that is not a meritorious defense or justification to violate "The Chat" rules — you have the opportunity to seek clarification, translation, or advice from an attorney.

Consent

To use "The Chat," you agree that you are above the age of 18 years old.

Member Conduct

Follow your industry's code of ethics
Do not violate the civil rights of members
Do not slander other members
Do not bully members
Follow the Chat Rules and Who Should Join Disclaimer

You may be terminated from "The Chat" by the Admin's sole discretion for any violation of Member Conduct.

Complete Agreement

This Terms of Use is a legally binding contract and non-compete, governed by the United States Constitution and Florida Law. The Terms of Use is complete and comprises the full agreement and understanding between Chat Members and The Chat, AKA "The Parties."

Definitions

"The Chat": FloridaRealEstate.Chat — the WhatsApp Group Chat for Florida Real Estate, operated by 954-415-0122 and Wholesale Home Sales, LLC. For purposes of the Terms of Use, Privacy Policy, SMS Opt-In, and other communications disclosures and legal notices, these entities shall be considered one and deemed "The Chat." By consenting to communication from one entity within "The Chat," you agree to communication from "The Chat" as a whole and individually.
Chat Member: Anyone, person, business, or phone number that is participating in the chat by having voluntarily joined it, whether a free member or paid member.
The Parties: Chat Members and The Chat, AKA "The Parties."
Chat Rules: https://floridarealestate.chat/chat-rules/
Chat Website: www.FloridaRealEstate.Chat
Contact Info for Accounting, Legal, or Administrative Needs: IamtheManagerLLC@gmail.com
Admin: Chat Admin Rich @ 954-415-0122

Consult Black's Law Dictionary for any legal terms used herein.

The Parties to the Terms of Use are as follows:

The Chat Members
The Chat

(See Definitions)