1. Acceptance of Terms
These Terms of Use (the “Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Rafael Russian, a Florida-licensed Real Estate Sales Associate operating under the brokerage Agent Trust Realty Corp (collectively, “Operator,” “we,” “us,” or “our”), governing your access to and use of the website located at https://rafaelrussian.com, its subdomains, and any related digital properties owned or controlled by Operator (collectively, the “Site”).
BY ACCESSING, BROWSING, OR USING THE SITE IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND OUR DISCLAIMER, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SITE.
2. Eligibility
The Site is intended for individuals who are at least eighteen (18) years of age and who have the legal capacity to enter into binding contracts under the laws of their jurisdiction. By using the Site, you represent and warrant that you meet these eligibility requirements. The Site is not directed to children, and we do not knowingly collect information from individuals under the age of thirteen (13).
3. Nature of the Site — Informational Purposes Only
THE SITE IS INFORMATIONAL IN NATURE AND CONTAINS GENERAL INFORMATION, EDUCATIONAL CONTENT, MARKETING MATERIALS, AND PERSONAL OPINIONS OF THE OPERATOR. The Site does not constitute, and shall not be construed as constituting: (a) legal advice; (b) tax advice; (c) financial, investment, or accounting advice; (d) mortgage, lending, or credit advice; (e) immigration advice; (f) an offer to sell, buy, or solicit the sale or purchase of any real property; (g) a binding offer of brokerage services; (h) an appraisal or formal valuation of any property; or (i) a guarantee of any outcome, result, return, or condition with respect to any real estate transaction or market.
Information regarding real estate markets, neighborhoods, properties, financing options, immigration considerations, taxation, and similar matters is provided for general informational purposes only and may not reflect current conditions, regulatory changes, or your individual circumstances. You should not rely upon any information on the Site as a substitute for professional advice tailored to your specific situation. Always consult a licensed attorney, certified public accountant, licensed mortgage professional, or other qualified specialist before making any decisions.
Opinions expressed on the Site are those of the Operator personally and do not necessarily represent the views, positions, or official statements of Agent Trust Realty Corp, the Florida Real Estate Commission, the National Association of REALTORS®, any local board of REALTORS®, or any other organization with which the Operator is affiliated.
4. Real Estate Licensing Disclosure
Rafael Russian is a real estate sales associate licensed by the Florida Department of Business and Professional Regulation (DBPR), Florida Real Estate Commission (FREC), operating under the brokerage Agent Trust Realty Corp, a Florida-licensed real estate broker. All real estate brokerage activities described or facilitated through the Site are performed under and through Agent Trust Realty Corp in accordance with Chapter 475 of the Florida Statutes and the rules of FREC.
Pursuant to Section 475.278 of the Florida Statutes, real estate licensees in Florida are presumed to be acting as transaction brokers unless a single agent or no brokerage relationship is established in writing. The nature of any brokerage relationship between you and Operator (or the brokerage) shall be governed by the written agreement entered into between the parties.
5. Fair Housing and Equal Opportunity
Operator and Agent Trust Realty Corp are fully committed to the principles of the Federal Fair Housing Act (42 U.S.C. §§ 3601 et seq.), the Florida Fair Housing Act (Florida Statutes Chapter 760, Part II), and the Equal Credit Opportunity Act. We do not and will not discriminate against any person on the basis of race, color, religion, sex (including gender identity and sexual orientation), familial status, national origin, disability, age, marital status, ancestry, or any other protected class under applicable federal, state, or local law.
The Site and our services are extended on an Equal Housing Opportunity basis. Any property listings, photographs, descriptions, or content displayed on the Site are intended to inform interested parties without discrimination. We comply with all applicable accessibility standards and strive to make the Site available to users with disabilities, consistent with Section 508 of the Rehabilitation Act and the Americans with Disabilities Act (ADA).
6. License to Use the Site
Subject to your compliance with these Terms, Operator grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial informational purposes. You may not: (a) copy, modify, distribute, sell, lease, or commercially exploit any portion of the Site or its content; (b) reverse engineer or extract source code; (c) frame, mirror, or otherwise replicate the Site; (d) use any data mining, robots, crawlers, scrapers, or similar automated extraction tools; (e) circumvent any technological measures protecting the Site; (f) remove any proprietary notices; (g) use the Site to develop a competing product or service; or (h) use the Site in any way that violates applicable law.
7. User Conduct and Prohibited Activities
You agree not to use the Site to: (a) violate any applicable law, regulation, or third-party right; (b) post, transmit, or distribute unlawful, threatening, abusive, defamatory, obscene, fraudulent, deceptive, or invasive content; (c) impersonate any person or entity, or misrepresent your affiliation with a person or entity; (d) transmit malware, viruses, worms, ransomware, or any other malicious code; (e) interfere with or disrupt the Site, servers, or networks; (f) attempt to gain unauthorized access to any part of the Site, accounts, computer systems, or networks; (g) engage in any form of unsolicited advertising, spam, chain letters, or pyramid schemes; (h) collect or harvest information about other users; or (i) engage in any activity that could harm minors.
8. Property Listings, MLS/IDX, and Third-Party Information
Some content on the Site may originate from or be supplied by Multiple Listing Services (“MLS”), Internet Data Exchange (“IDX”) feeds, mortgage rate aggregators, public records, or other third-party sources. Such third-party content is provided “AS IS” without verification, representation, or warranty. Property listings, prices, availability, square footage, lot dimensions, taxes, HOA fees, school ratings, flood zones, and similar data are subject to errors, omissions, change, prior sale, or withdrawal without notice. You must independently verify all such information before relying on it for any purpose.
The display of any property listing on the Site does not constitute an endorsement, recommendation, or representation by Operator or Agent Trust Realty Corp regarding the property, the seller, or any party involved in a transaction. Listings provided through IDX are typically subject to copyright and other intellectual property rights of the originating MLS and the listing brokerage.
9. Intellectual Property Rights
All content on the Site (other than User Content as defined below or third-party MLS/IDX content), including but not limited to text, graphics, logos, images, photographs, videos, audio clips, software, design, layout, “look and feel,” and trademarks, is owned or licensed by Operator and protected by United States and international copyright, trademark, and other intellectual property laws. The name “Rafael Russian,” the Site logo, and any related trade dress are trademarks or service marks of Operator. REALTOR®, MLS®, and related marks are property of their respective owners.
Nothing in these Terms grants you any right, title, or interest in or to any intellectual property of Operator or any third party except the limited license described in Section 6.
10. User Content
If you submit, transmit, or post any content to the Site (including messages, comments, testimonials, photographs, or feedback) (“User Content”), you grant Operator a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in any media for any lawful purpose. You represent and warrant that you own or have all necessary rights to grant this license and that the User Content does not violate any third-party rights or applicable law.
11. Digital Millennium Copyright Act (DMCA)
Operator respects the intellectual property rights of others and expects users to do the same. If you believe that any content on the Site infringes your copyright, you may send a written notice complying with 17 U.S.C. § 512(c)(3) and directed to the Operator’s designated DMCA agent, care of Rafael Russian, at the electronic correspondence address realestate@rafaelrussian.com for receipt of takedown notifications. Your notice must include each of the following statutorily required elements: a physical or electronic signature of the copyright owner or authorized agent; identification of the copyrighted work claimed to have been infringed; identification of the allegedly infringing material with sufficient detail to permit its location; the complainant’s reasonable contact information; a statement of good faith belief that the use is not authorized; and a statement made under penalty of perjury that the information in the notification is accurate and that the complainant is authorized to act on behalf of the copyright owner. We may, in appropriate circumstances and in our sole discretion, terminate accounts of repeat infringers consistent with our policies and applicable law.
12. Third-Party Services, Tools, and Links
The Site may contain links to or integrations with third-party websites, services, calculators, scheduling platforms, messaging platforms (including WhatsApp), mortgage tools, or other resources (“Third-Party Services”). Third-Party Services are not under our control, and we are not responsible for their content, accuracy, availability, privacy practices, or terms of use. Your interactions with Third-Party Services are governed solely by the terms and policies of the applicable third party, and you should review them before use.
13. Testimonials, Reviews, and Forward-Looking Statements
Any testimonials, reviews, case studies, or success stories presented on the Site reflect individual experiences and are not guarantees of similar results. Real estate outcomes depend on numerous factors outside of our control, including but not limited to market conditions, financing, the property in question, and the conduct of the parties involved.
Statements regarding future market conditions, projected returns on investment, anticipated appreciation, or expected rental income are forward-looking statements based on assumptions and current information. Actual results may differ materially from those projected. Past performance is not indicative of future results.
14. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPERATOR DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, CURRENCY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
OPERATOR DOES NOT WARRANT THAT: (A) THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) DEFECTS WILL BE CORRECTED; (C) THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT; OR (E) ANY OUTCOMES OR RESULTS WILL BE ACHIEVED.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPERATOR, AGENT TRUST REALTY CORP, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE, EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF OPERATOR FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00). THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE) AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED.
Nothing in these Terms limits or excludes liability that cannot be limited or excluded as a matter of mandatory applicable law.
16. Indemnification
You agree to indemnify, defend, and hold harmless Operator, Agent Trust Realty Corp, and their respective officers, directors, employees, affiliates, agents, representatives, licensors, and suppliers from and against any and all claims, demands, actions, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your access to or use of the Site; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party right; or (e) your violation of any applicable law. We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate.
17. Modifications to the Site and Terms
The Operator reserves the right, in its sole discretion, to modify, suspend, or discontinue the Site or any portion thereof at any time, with or without notice. The Operator may also modify these Terms at any time by posting the revised Terms on the Site. For the avoidance of doubt and in accordance with customary contract practice as well as applicable consumer transparency standards, the parties acknowledge that the current iteration of these Terms was last revised on June 24, 2026, and any subsequent revision shall be reflected within this Section in the same manner. Continued use of the Site after the effective date of revised Terms constitutes acceptance thereof.
18. Termination
We may, in our sole discretion, terminate or suspend your access to the Site at any time, without notice or liability, for any reason, including if we believe you have violated these Terms. All provisions of these Terms which by their nature should survive termination shall survive, including Sections 9, 10, 13, 14, 15, 16, 19, 20, and 21.
19. Governing Law and Jurisdiction
These Terms and any dispute arising out of or relating to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 20 below, you and Operator agree that any judicial proceeding shall be brought exclusively in the state or federal courts located in Orange County, Florida, and you consent to personal jurisdiction and venue in those courts.
20. Dispute Resolution — Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
20.1 Informal Resolution. Before initiating any formal dispute resolution, the parties agree to attempt in good faith to resolve any dispute through informal negotiation within thirty (30) days of written notice describing the dispute.
20.2 Binding Arbitration. Except as expressly set forth below, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or your relationship with Operator (each, a “Dispute”) that is not resolved informally shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in Orlando, Florida, or, at the consumer’s election, in the county of the consumer’s residence, or by telephonic or video hearing. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this arbitration provision.
20.3 Class Action Waiver. YOU AND OPERATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
20.4 Exceptions. The following are excluded from arbitration: (a) small-claims court actions where eligible; (b) claims for injunctive or equitable relief to protect intellectual property rights; and (c) claims arising under mandatory law that cannot be subject to arbitration.
20.5 Right to Opt Out. You may opt out of this arbitration provision by sending a written notice to the email address in Section 23 within thirty (30) days of first accepting these Terms, stating clearly your decision to opt out and including your full name and contact information. Opting out does not affect any other provision of these Terms.
21. International Users
The Site is operated from the United States. We make no representation that the Site is appropriate or available for use in any particular location. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws to the extent local laws are applicable.
22. Miscellaneous
22.1 Entire Agreement. These Terms, together with the Privacy Policy and Disclaimer, constitute the entire agreement between you and Operator regarding the Site and supersede all prior or contemporaneous communications.
22.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
22.3 No Waiver. Failure to enforce any right or provision shall not be deemed a waiver of such right or provision.
22.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.
22.5 No Agency. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Operator.
22.6 Headings. Headings are for convenience only and do not affect interpretation.
22.7 Force Majeure. Neither party shall be liable for any failure to perform due to events beyond reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, governmental action, natural disasters, or failures of telecommunications or utilities.
23. Notices
The Operator referenced throughout these Terms is Rafael Russian, a Florida-licensed Real Estate Sales Associate operating under the brokerage Agent Trust Realty Corp. For matters arising under or relating to these Terms — including, without limitation, the dispute resolution mechanism set forth in Section 20, the arbitration opt-out described in Section 20.5, and any notice required by Section 18 — written correspondence shall be directed to the Operator’s designated electronic correspondence address, which for routine matters relating to the Site is realestate@rafaelrussian.com. The Operator may, in its discretion and where compatible with applicable law, also acknowledge correspondence delivered by telephone at (407) 250-3207. Notices submitted to channels not described in this Section may not be considered to have been received for purposes of computing the time periods provided by these Terms or applicable law.
These Terms are provided for general use of the Site. They are not legal advice and may not be appropriate for every reader. You should consult an attorney licensed in your jurisdiction with questions regarding your specific situation.
