Terms and Conditions | Peck Realty

1Agreement to These Terms

These Terms and Conditions (the "Terms") govern your access to and use of peckrealty.com and any associated pages, forms, and content (collectively, the "Website"), operated by Peck Realty of Daytona Beach, Inc., a Florida corporation ("Peck Realty," "we," "us," or "our").

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, do not use the Website.

These Terms incorporate our Privacy Policy by reference. Please read both.

2Eligibility

The Website is intended for use by individuals who are at least eighteen years of age and who have the legal capacity to enter into a binding agreement. By using the Website, you represent that you meet these requirements.

If you are using the Website on behalf of a company, trust, partnership, or other entity, you represent that you have authority to bind that entity, and "you" refers to both you and that entity.

3Nature of the Website

The Website is an informational and marketing resource only. It exists to introduce our brokerage, describe the properties and services we represent, and allow you to contact us.

The Website does not:

Constitute an offer to sell, lease, or rent any property
Constitute a solicitation of an offer to buy any property in any jurisdiction where such solicitation would be unlawful
Accept reservations, bookings, or rental applications
Process payments, deposits, or fees
Create any binding agreement between you and Peck Realty or between you and any property owner

All reservations and transactions are arranged separately, by telephone with one of our agents, or through independent third party platforms. Any binding agreement arises only from a separate written contract signed by the parties.

4Real Estate Licensing and Brokerage Disclosures

Peck Realty of Daytona Beach, Inc. is a real estate corporation licensed by the Florida Department of Business and Professional Regulation, Division of Real Estate.

Licensed Real Estate Broker, State of Florida
Principal office: 2430 South Atlantic Avenue, Suite E, Daytona Beach Shores, Florida 32118

We are licensed to conduct real estate brokerage activity in the State of Florida only. Nothing on the Website constitutes an offer of brokerage services in any state or country where we are not licensed. If you are located outside Florida and require assistance with property in your jurisdiction, we will refer you to a licensed professional there.

Our conduct is governed by Chapter 475, Florida Statutes, and by the rules of the Florida Real Estate Commission at Rule 61J2, Florida Administrative Code.

5No Agency or Fiduciary Relationship

Using the Website, submitting a form, or corresponding with us does not create a brokerage relationship, an agency relationship, or a fiduciary duty between you and Peck Realty.

Under Chapter 475, Part I, Florida Statutes, a brokerage relationship arises only through a separate written or oral agreement and the delivery of the required brokerage relationship disclosures. Unless and until such a relationship is established, Peck Realty may be representing the seller, landlord, or property owner, and not you.

Do not send confidential information, financial details, or negotiating positions through the Website expecting them to be treated as confidential in a fiduciary sense. Ask us about our brokerage relationship before disclosing anything sensitive.

6Property Listings and Rental Information

6.1 Accuracy

Property descriptions, photographs, floor plans, square footage figures, unit numbers, amenities, association details, tax information, and pricing on the Website are provided for general informational purposes and are believed to be accurate, but are not warranted or guaranteed.

Information is often supplied by owners, associations, public records, and other third parties. We do not independently verify all of it.

6.2 Availability and Change

All listings and rental availability are subject to:

Prior sale, lease, or rental
Change in price or terms
Withdrawal from the market without notice
Errors, omissions, and typographical mistakes

Availability shown on the Website does not indicate that a unit is actually available. You must contact us directly to confirm current availability and pricing.

6.3 Verify Independently

You are responsible for independently verifying any information material to your decision. This includes but is not limited to square footage, permitted uses, condominium association rules and fees, rental restrictions and minimum stay requirements, assessments, insurance requirements, flood zone designation, and the condition of the property. We recommend engaging your own inspector, attorney, surveyor, and insurance professional.

6.4 Photographs and Renderings

Photographs may depict a representative unit rather than the specific unit available, may have been taken at an earlier date, and may show furnishings, decor, or views that are no longer present. Renderings and virtual tours are illustrative only.

7Reservations, Bookings, and Third Party Platforms

Reservations for rental properties are not made through the Website. They are made either:

By telephone with one of our agents, subject to a separate rental agreement, or
Through independent third party platforms such as Airbnb, Vrbo, or similar services, to which the Website may link

Where you book through a third party platform:

Your booking is governed by that platform's terms of service, cancellation policy, payment terms, and privacy policy, not by these Terms
Peck Realty is not a party to your agreement with that platform
We do not control that platform's pricing, availability, fees, dispute resolution, or refund practices
Any payment you make is made to that platform or to the listing host, not to Peck Realty through the Website

Never send payment, deposits, wire transfers, or financial information in response to an email or message claiming to be from Peck Realty without first calling us directly at (386) 257-5000 to verify. Real estate wire fraud is common. We will never ask you to wire funds based solely on emailed instructions.

8Third Party Websites and Content

The Website may contain links to websites, resources, and services operated by third parties. These links are provided for convenience only.

We do not control, endorse, monitor, or assume responsibility for the content, accuracy, privacy practices, or availability of any third party site. Accessing a linked site is entirely at your own risk, and your dealings with any third party are solely between you and that third party.

9No Professional Advice

Content on the Website is general information. It is not legal, tax, accounting, financial, investment, engineering, insurance, or appraisal advice, and it is not a substitute for advice from a qualified professional who has reviewed your specific circumstances.

Market commentary, pricing trends, and investment observations reflect general opinion at the time of writing, may become outdated, and are not a prediction or guarantee of future results.

Consult your own attorney, accountant, and financial advisor before making any real estate decision.

10Fair Housing and Equal Opportunity

Peck Realty is an Equal Housing Opportunity provider and is committed to compliance with the Fair Housing Act, 42 U.S.C. 3601 et seq., the Florida Fair Housing Act, Fla. Stat. Chapter 760, Part II, the Americans with Disabilities Act, and all applicable state and local fair housing laws.

We do not discriminate in the sale, rental, leasing, financing, advertising, or provision of services on the basis of race, color, religion, sex, sexual orientation, gender identity, familial status, national origin, disability, or any other characteristic protected by applicable law.

Any advertisement, listing description, or statement on the Website that could be read to express a preference, limitation, or discrimination based on a protected characteristic is unintended and contrary to our policy. Please report any such content to us immediately at sales@peckrealty.com so that we can correct it.

Reasonable accommodations and modifications are available. Contact us to discuss your needs.

11Your Submissions

11.1 Accuracy

When you submit information through a form on the Website, you agree that the information is truthful, accurate, and your own, and that you have the right to provide it. Do not submit another person's contact information without their permission.

11.2 What You Should Not Submit

Do not submit through the Website:

Social Security numbers, government identification numbers, or passport numbers
Credit card, debit card, or bank account information
Passwords or account credentials
Health information or other sensitive personal data
Confidential information belonging to a third party
Unlawful, defamatory, harassing, obscene, or infringing content

We do not request this information through the Website and cannot guarantee its security if you volunteer it.

11.3 License to Use Submissions

By submitting an inquiry, you grant Peck Realty a non exclusive, royalty free, worldwide license to use, store, reproduce, and process the content of your submission for the purpose of responding to you, providing services to you, improving our operations, and complying with legal obligations. This license does not extend to using your submission for public marketing without your separate permission.

We treat all submissions as non confidential unless a separate confidentiality agreement is in place, except as described in our Privacy Policy.

11.4 Testimonials and Reviews

If you provide a testimonial or review, you grant us permission to publish it along with your first name and last initial, and to edit it for length and clarity without changing its meaning. You may withdraw this permission at any time by contacting us, and we will remove the testimonial from the Website within a reasonable period.

12Contacting You

12.1 Responding to Your Inquiry

By submitting a contact form and providing your telephone number or email address, you are asking us to contact you, and you consent to be contacted by Peck Realty and its licensed agents at the details you provided regarding the subject of your inquiry.

12.2 We Do Not Conduct Telephone or Text Marketing

Peck Realty does not make marketing calls and does not send marketing text messages. We will not contact you by telephone or text to promote properties, rates, services, or offers you did not ask about, and we will not place your number on any promotional list, campaign, or automated sequence.

We do not use automatic telephone dialing systems, prerecorded messages, or artificial voice messages for any purpose.

12.3 Email

If you separately opt in, we may send you occasional property updates or news by email. Every such email contains a one click unsubscribe link, and we honor unsubscribe requests promptly. Opting in is never a condition of any service, and you will continue to receive replies relating to an inquiry you initiated whether or not you subscribe.

12.4 Stopping Contact

You may ask us to stop contacting you at any time, by any channel, by telling any member of our staff, replying to any email, or calling (386) 257-5000. We will honor the request immediately.

12.5 Applicable Law

We conduct all communications in accordance with the Telephone Consumer Protection Act, 47 U.S.C. 227, the Florida Telephone Solicitation Act, Fla. Stat. 501.059, the Florida Telemarketing Act, Fla. Stat. 501.616, the CAN-SPAM Act, and, for Canadian recipients, Canada's Anti-Spam Legislation. We observe applicable calling hours and honor the National Do Not Call Registry and the Florida Do Not Call list.

13Artificial Intelligence Assisted Communications

We use artificial intelligence tools to help summarize incoming inquiries and to draft suggested replies for our agents.

Every message you receive from us is reviewed and approved by a human being before it is sent. We do not use AI to make decisions about you, to score or rank you as a prospect, or to determine which properties or terms you are offered. All such decisions are made by licensed human professionals.

AI generated drafts may contain errors. Nothing in an AI assisted communication constitutes a binding offer, a guarantee of availability or price, or professional advice. In the event of any conflict between an emailed statement and a signed written agreement, the signed agreement controls.

If you prefer that your inquiry not be processed using AI tools, tell us in your message or simply call us at (386) 257-5000. Full details are in Section 6 of our Privacy Policy.

14Intellectual Property

14.1 Our Content

The Website and all of its contents, including text, graphics, logos, photographs, video, page layout, design, compilation, and software, are the property of Peck Realty or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

The "Peck Realty" name, the Peck Realty logo, and related marks are trademarks of Peck Realty of Daytona Beach, Inc. Nothing on the Website grants you a license to use them.

14.2 Limited License to You

We grant you a limited, revocable, non exclusive, non transferable license to access and view the Website for your own personal, non commercial use in evaluating our services and the properties we represent.

14.3 What You May Not Do

You may not, without our prior written permission:

Reproduce, distribute, publicly display, or create derivative works from Website content
Use Website content for any commercial purpose, including competing listing services
Remove, obscure, or alter any copyright, trademark, or proprietary notice
Frame, mirror, or embed the Website or any portion of it on another site

14.4 Third Party Rights in Photographs

Some photographs and floor plans may be owned by photographers, developers, condominium associations, or property owners and are used under license. Nothing here grants you any rights in that material.

15Acceptable Use

You agree not to:

Use the Website for any unlawful purpose or in violation of any applicable law or regulation
Use any robot, spider, scraper, crawler, or other automated means to access, harvest, index, or copy the Website or its data
Extract, compile, or aggregate listing data, agent contact information, or property data for any purpose
Attempt to gain unauthorized access to the Website, its servers, or any connected system
Interfere with or disrupt the Website, including by introducing malware, viruses, or malicious code
Circumvent, disable, or interfere with any security feature or rate limiting
Submit false, fraudulent, automated, or bulk form submissions
Impersonate any person or entity, or misrepresent your affiliation with any person or entity
Use the Website to send unsolicited commercial communications to us or our agents
Reverse engineer or decompile any portion of the Website
Use the Website in any manner that could disable, overburden, or impair it

We reserve the right to block access, terminate use, and pursue all available legal remedies against anyone who violates this section.

16Accessibility

Peck Realty is committed to making the Website accessible to people with disabilities and works toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.

Accessibility is an ongoing effort, and some content may not yet fully conform. If you encounter a barrier, or if you need assistance accessing information or exercising any right described in these Terms, contact us at sales@peckrealty.com or (386) 257-5000. We will work with you to provide the information or service you need through an alternative method, and we will use your feedback to improve the Website.

17Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, Peck Realty disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non infringement, accuracy, and any warranties arising from course of dealing or usage of trade.

We do not warrant that:

The Website will be uninterrupted, timely, secure, or error free
Defects will be corrected
The Website or its servers are free of viruses or other harmful components
Any information on the Website is accurate, complete, current, or reliable
Any property described will be available on the terms shown

No advice or information, whether oral or written, obtained from Peck Realty or through the Website, creates any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions above apply only to the extent permitted, and you may have additional rights.

18Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PECK REALTY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SALES ASSOCIATES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

This limitation applies to all claims, including those arising from reliance on Website content, errors or omissions in listings, unavailability of the Website, unauthorized access to your information, or the acts or omissions of any third party linked from the Website.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or under mandatory consumer protection statutes. If you are a consumer resident in the European Economic Area or the United Kingdom, this section applies only to the extent permitted by the mandatory law of your country of residence.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

19Indemnification

You agree to indemnify, defend, and hold harmless Peck Realty and its officers, directors, shareholders, employees, agents, sales associates, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

Your use of the Website
Your violation of these Terms
Your violation of any applicable law or the rights of any third party
Any content you submit through the Website

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense.

20Termination

We may suspend or terminate your access to the Website at any time, with or without notice, for any reason, including if we believe you have violated these Terms.

Sections 11.3, 14, 17, 18, 19, 21, 22, and 26 survive termination.

21Dispute Resolution

21.1 Informal Resolution First

Before filing any claim, you agree to contact us at sales@peckrealty.com and attempt to resolve the dispute informally. We will do the same. Most disputes can be resolved this way. If the matter is not resolved within sixty days of written notice, either party may proceed.

21.2 Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration shall take place in Volusia County, Florida, or, at your election, by telephone, videoconference, or on written submissions only. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. This provision is governed by the Federal Arbitration Act, 9 U.S.C. 1 et seq.

CLASS ACTION WAIVER. You and Peck Realty 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, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim shall proceed in court and all other claims remain in arbitration.

JURY TRIAL WAIVER. To the extent any claim proceeds in court rather than arbitration, both parties knowingly and voluntarily waive any right to a trial by jury.

EXCEPTIONS. Either party may bring an individual action in small claims court. Either party may seek injunctive relief in court to protect intellectual property rights or to address unauthorized access to the Website. Nothing in this section prevents you from filing a complaint with a government agency, including the Florida Department of Business and Professional Regulation, the Department of Housing and Urban Development, the Florida Commission on Human Relations, or a state attorney general.

OPT OUT. You may opt out of this arbitration agreement by sending written notice to sales@peckrealty.com or to our mailing address within thirty days of first using the Website. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms and will not affect your relationship with Peck Realty in any way.

CONSUMERS IN THE EEA AND UNITED KINGDOM. This Section 21.2 does not apply to you to the extent it conflicts with mandatory consumer protection law in your country of residence. You retain the right to bring proceedings in the courts of your country of residence.

22Governing Law and Venue

These Terms and any dispute arising out of them are governed by the laws of the State of Florida, without regard to its conflict of laws principles.

Subject to Section 21, you and Peck Realty consent to the exclusive jurisdiction and venue of the state and federal courts located in Volusia County, Florida, and waive any objection based on inconvenient forum.

If you are a consumer resident in the European Economic Area or the United Kingdom, this section does not deprive you of the protection of the mandatory law of your country of residence or of your right to bring proceedings in the courts of that country.

23Copyright Complaints (DMCA)

We respect intellectual property rights. If you believe content on the Website infringes your copyright, send a written notice to our designated agent containing:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
Identification of the copyrighted work claimed to be infringed
Identification of the material claimed to be infringing and enough information to locate it on the Website
Your address, telephone number, and email address
A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law
A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner

Send notices to:
Copyright Complaints
Peck Realty of Daytona Beach, Inc.
2430 South Atlantic Avenue, Suite E
Daytona Beach Shores, Florida 32118
Email: sales@peckrealty.com

We will review and respond to valid notices promptly and will remove infringing material where appropriate. Be aware that under 17 U.S.C. 512(f), a person who knowingly materially misrepresents that material is infringing may be liable for damages.

24Force Majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, hurricanes, tropical storms, flooding, fire, war, terrorism, civil unrest, labor disputes, epidemic or pandemic, governmental action, power or internet failure, or the failure of any third party service provider.

25Changes to These Terms

We may revise these Terms at any time. When we do, we will update the "Last Updated" date at the top of this page.

For material changes, we will provide reasonable advance notice through a notice on the Website. Changes are not retroactive and do not apply to disputes arising before the change took effect.

Your continued use of the Website after changes take effect constitutes acceptance of the revised Terms. If you do not agree, stop using the Website.

26General Provisions

Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Peck Realty regarding the Website and supersede all prior understandings on that subject. They do not supersede any separate signed agreement between you and Peck Realty regarding a specific transaction, which controls in the event of conflict.

Severability. If any provision is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions remain in full force.

No Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

No Third Party Beneficiaries. These Terms do not create any rights in any person or entity that is not a party to them.

Headings. Section headings are for convenience only and do not affect interpretation.

Language. These Terms are drafted in English. Any translation is provided for convenience only, and the English version controls.

Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or franchise relationship between you and Peck Realty.

Notices. We may provide notice to you by email, by posting on the Website, or by mail. You may provide notice to us at the addresses in Section 27.

27Contact Us

2430 South Atlantic Avenue, Suite E
Daytona Beach Shores, Florida 32118
United States

Telephone: (386) 257-5000
General inquiries, legal notices, and privacy requests: sales@peckrealty.com

Peck Realty of Daytona Beach, Inc. is an Equal Housing Opportunity provider. Licensed Real Estate Broker, State of Florida.