PenthouseLife.com Terms of Service

Version v4-2026-10-07 · Effective October 8, 2026 · Last updated October 8, 2026

These Terms of Service (the “Terms”) are a binding agreement between you and David Koster PA, operator of PenthouseLife.com (“PenthouseLife,” “we,” “us,” or “our”). They govern your access to and use of PenthouseLife.com and any pages, features, accounts, communications, content, or services that link to these Terms (collectively, the “Site”).

BY ACCESSING OR USING THE SITE, CREATING AN ACCOUNT, SAVING A SEARCH OR PROPERTY, REQUESTING INFORMATION OR A SHOWING, UPLOADING CONTENT, OR OTHERWISE USING A FEATURE THAT REFERENCES THESE TERMS, YOU AGREE TO THESE TERMS AND ACKNOWLEDGE OUR PRIVACY NOTICE. IF YOU DO NOT AGREE, DO NOT USE THE SITE. WHERE THE SITE PRESENTS A CHECKBOX, BUTTON, OR OTHER AFFIRMATIVE ACCEPTANCE MECHANISM, YOUR SELECTION OR SUBMISSION CONSTITUTES YOUR ELECTRONIC ACCEPTANCE OF THE VERSION OF THESE TERMS THEN PRESENTED TO YOU.

1. About PenthouseLife; Operator and Brokerage Services

PenthouseLife is a luxury-real-estate information, marketing, and referral platform operated by David Koster PA. The Site may provide property listings, editorial building profiles, market information, saved searches and collections, alerts, property and neighborhood data, and ways to request information, private showings, or other real-estate assistance.

PenthouseLife.com is not itself a separate real-estate brokerage and is not a party to any purchase, sale, lease, listing, referral, or other real-estate transaction. Where licensed brokerage services are offered in connection with the Site, those services may be provided through ONE Sotheby’s International Realty and/or another appropriately licensed real-estate brokerage or real-estate professional, depending on the property, market, and nature of the request.

David Koster is a Florida-licensed real-estate broker associate affiliated with ONE Sotheby’s International Realty. References on the Site to a brokerage, agent, advisor, market specialist, or referral partner identify the person or entity providing or potentially providing the applicable licensed real-estate services and do not mean that PenthouseLife.com or David Koster PA is a separate licensed brokerage entity.

2. Sotheby’s International Realty and ONE Sotheby’s International Realty

ONE Sotheby’s International Realty is a company-owned brokerage within the Sotheby’s International Realty organization. PenthouseLife.com is separately operated by David Koster PA and is not itself a Sotheby’s International Realty brokerage, website, or service unless expressly identified otherwise.

Sotheby’s International Realty, ONE Sotheby’s International Realty, and related names, logos, service marks, trademarks, photographs, copy, and other proprietary materials displayed on the Site remain the property of their respective owners or licensors and may be used only as authorized. Nothing in these Terms grants you any right or license to use those marks or materials except as necessary to view and use the Site for its intended purpose.

The display of the Sotheby’s International Realty or ONE Sotheby’s International Realty names, marks, listings, professionals, or brokerage services does not make any entity other than David Koster PA a party to these Terms unless expressly stated. Nothing in this Section limits the responsibilities of the brokerage or real-estate professional actually providing licensed brokerage services in connection with a particular transaction.

Any brokerage, company-owned-operation, trademark, or brand disclosure required by ONE Sotheby’s International Realty or Sotheby’s International Realty may be displayed on the Site in the form required by applicable law or brand standards and supplements these Terms.

3. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding agreement to create an account, submit a real-estate inquiry, or use interactive features of the Site. The Site is intended for adults seeking real-estate information or services and is not directed to children. By using the Site, you represent that you meet these requirements and that information you provide is truthful and accurate.

If you access or use the Site, accept these Terms, or provide content on behalf of a company, brokerage, developer, association, or other entity, you represent and warrant that you have authority to act on behalf of and bind that entity with respect to the applicable activity.

4. Accounts and Registration

You may be able to create an account using an email address and password or through a supported third-party sign-in provider such as Google or Facebook. You are responsible for maintaining accurate account information, protecting your credentials, and all activity occurring through your account. Notify us promptly if you suspect unauthorized access or use.

Third-party sign-in services are governed by the applicable provider’s terms and privacy practices. You may edit account information or request account deletion as described in the Privacy Notice, subject to legal, regulatory, fraud-prevention, security, transaction-record, and other legitimate retention requirements. We may suspend or terminate accounts as provided in Section 22.

5. Limited License to Use the Site

Subject to these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site and Site content solely for your own personal, non-commercial real-estate information and property-search purposes.

Except as expressly permitted by these Terms or in writing by the applicable rights holder, you may not reproduce, republish, upload, transmit, distribute, sell, license, publicly display, commercially exploit, modify, translate, adapt, create derivative works from, mirror, frame, or otherwise use the Site or Site content. Any rights not expressly granted are reserved.

6. Intellectual Property

The Site’s original content, selection, compilation, organization, design, software, interfaces, editorial building profiles, market content, graphics, photographs for which we hold rights, PenthouseLife branding, and other proprietary materials are owned by David Koster PA or its licensors and are protected by copyright, trademark, database, unfair-competition, and other intellectual-property laws.

PenthouseLife, the PenthouseLife logo, and related PenthouseLife branding are proprietary to David Koster PA or its licensors. Third-party content, listing information, photographs, logos, trademarks, and service marks are owned by their respective owners and are used only as authorized or permitted by law.

You may not remove, obscure, or alter copyright, trademark, attribution, MLS, brokerage, data-source, “last updated,” or other proprietary notices appearing on or with Site content. Property-listing data and related images are additionally governed by Section 7 and any applicable MLS, IDX, brokerage, photographer, or data-provider rules.

7. MLS, IDX, Listing, and Property Information

Property and listing information displayed on the Site may be supplied by one or more multiple listing services (“MLSs”), IDX, VOW, or other licensed data feeds, brokerages, listing agents, developers, public records, data aggregators, or other licensed third-party sources. The specific attribution, copyright notice, permitted-use statement, update time, and disclaimer required by an applicable MLS or data provider may be displayed with the relevant listing, market, or page and is incorporated into these Terms by reference.

Unless a displayed notice expressly states otherwise, listing information is provided for consumers’ personal, non-commercial use and may be used only to identify prospective properties in which the consumer may have a bona fide interest.

Listing and property information is deemed reliable but is not guaranteed to be accurate, complete, current, or free from errors or omissions. Properties may be sold, leased, withdrawn, placed under contract, repriced, or otherwise changed without notice. Pricing, square footage, dimensions, room counts, floor levels, acreage, boundaries, views, amenities, association information, taxes, assessments, schools, flood information, zoning, permitting, availability, and other property details should be independently verified with appropriate authoritative sources and professionals.

All dimensions and measurements are approximate unless expressly stated otherwise and should not be relied upon for architectural, appraisal, construction, legal, financing, insurance, or other professional purposes. Users should engage appropriate professionals when exact measurements or other technical information are material to a decision.

The display of a property does not constitute an offer, representation, warranty, guarantee of availability, or representation that David Koster PA, PenthouseLife.com, ONE Sotheby’s International Realty, or any particular real-estate professional is the listing broker or represents a party to the transaction. Brokerage attribution displayed with a listing controls.

You agree not to, and not to permit others to:

• scrape, crawl, harvest, spider, index, mine, copy, download, or extract listing or property data through automated means except as expressly authorized in writing or as permitted for ordinary search indexing under Section 12;

• bulk-download, cache, store, reproduce, republish, syndicate, or aggregate listing data outside the Site;

• use listing or property data for a commercial, competitive, resale, lead-generation, automated-valuation, machine-learning, artificial-intelligence-training, fine-tuning, validation, model-development, embedding, derivative-dataset, or database-building purpose except as expressly authorized in writing by all applicable rights holders;

• circumvent technical restrictions, rate limits, robots directives, CAPTCHA, access controls, or other measures intended to protect Site or listing data; or

• remove, obscure, alter, or misrepresent MLS, brokerage, copyright, attribution, disclaimer, or update information.

For purposes of this Section, “listing or property data” means MLS, IDX, VOW, listing, and other property data supplied by third parties, together with related images and media. It does not include PenthouseLife-owned editorial content, such as original building profiles, market content, and editorial commentary, which is governed by Sections 6 and 12.

Nothing in this Section authorizes use of MLS, IDX, VOW, listing, or third-party data beyond the rights granted by the applicable rights holder or data provider.

8. Brokerage Relationships, Referrals, and Independent Verification

These Terms govern use of the Site and do not themselves create or define a brokerage relationship between you and any licensed real-estate professional or brokerage. If you engage a licensed real-estate professional in connection with a property or transaction, the existence and nature of any brokerage relationship, applicable duties, disclosures, compensation, and representation will be governed by applicable law and any applicable brokerage disclosure or agreement.

An inquiry submitted through PenthouseLife may be handled by David Koster, ONE Sotheby’s International Realty, another professional affiliated with that brokerage, a listing broker or agent, or an independent referral partner or brokerage in another market. By submitting an inquiry, you authorize us to route the inquiry as reasonably necessary to respond to your request, as further described in the Privacy Notice.

Where permitted by law and applicable brokerage rules, real-estate compensation — including referral fees, cooperative brokerage compensation, or commissions — is paid to and through the applicable licensed brokerage, which may in turn compensate its affiliated professionals, including David Koster, in accordance with law and applicable brokerage agreements. Any compensation or disclosure legally required in a particular transaction will be handled in accordance with applicable law and brokerage requirements.

Site content is informational only and is not legal, tax, financial, insurance, investment, engineering, architectural, appraisal, environmental, or other professional advice. You are responsible for conducting your own due diligence and consulting qualified professionals before making a real-estate or financial decision.

9. Fair Housing and Equal Opportunity

PenthouseLife supports the principles of the Fair Housing Act, Equal Opportunity, and applicable state and local fair-housing laws. The Site, including any communications, marketing, targeting, search, automated, or AI-enabled features, may not be used to discriminate against, steer, exclude, or unlawfully target any person based on race, color, religion, sex, disability, familial status, national origin, or any other characteristic protected by applicable law.

We may remove content, reject submissions, restrict features, or suspend access that we reasonably believe violates fair-housing laws, anti-discrimination laws, advertising rules, consumer-protection laws, or these Terms.

10. Inquiries and User Submissions

When you submit a showing request, information request, seller inquiry, contact-form message, account information, saved-search criteria, or other communication, you authorize us to collect, use, store, and share that information as reasonably necessary to operate the Site, respond to you, route your request, maintain appropriate records, prevent fraud or abuse, and otherwise act as described in our Privacy Notice.

You represent that information you submit is accurate, that you have the right to submit it, and that your submission does not violate law, contract, intellectual-property rights, privacy rights, confidentiality obligations, or the rights of another person.

For ordinary text submissions, you grant David Koster PA a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, and use the submission solely as reasonably necessary to operate the Site, respond to the request, route the communication, maintain records, and provide related services.

Do not submit passwords, financial-account credentials, Social Security numbers, highly confidential information, or other sensitive information that the applicable Site feature does not specifically request.

11. Photos, Floor Plans, Videos, and Other Media Submitted to PenthouseLife

Photographs, videos, aerial or drone footage, floor plans, renderings, virtual tours, brochures, listing copy, logos, and other promotional or property media actively provided directly to us are “Submitted Media.” You must own the Submitted Media or have all rights, permissions, licenses, releases, consents, and authority necessary for the uses you authorize.

Before we publish or use Submitted Media, you must affirmatively accept the PenthouseLife Media Authorization & License (the “Media Authorization Terms”) for the identified media, either electronically or through a signed form with an identified media schedule, unless we enter into a separate written media agreement with the necessary rights holder or authorized representative. Uploading, emailing, or otherwise delivering media alone does not grant a license under these Terms.

The Media Authorization Terms are Additional Terms under Section 15. For media covered by their acceptance, they control the Submitter’s identity and capacity, acceptance, license scope and duration, permitted adaptations and AI uses, attribution, withdrawal, removal, retention, and media-related indemnification, including any conflict with Sections 11, 12, 16, or 20. They do not transfer ownership. The remaining provisions of these Terms continue to apply as stated in the Media Authorization Terms. A separate written media agreement controls for the media and uses it expressly covers.

Media independently received through an MLS, IDX, VOW, brokerage feed, or other licensed data feed remains governed by Section 7 and the applicable provider and rights-holder agreements. Direct delivery of feed-sourced media does not override those restrictions or establish licensing authority.

You must not submit infringing, unlawful, or misleading media. We may reject, suspend, remove, or disable media under the accepted Media Authorization Terms, applicable provider agreements, and law, including Section 21’s copyright-complaint process.

12. Prohibited Conduct and Automated Access

You agree not to use or attempt to use the Site to:

• violate any applicable federal, state, local, or international law, rule, regulation, MLS rule, data-provider rule, or third-party right;

• commit fraud, submit false or misleading information, impersonate another person, misrepresent an affiliation, or create spam or abusive inquiries;

• reproduce, distribute, commercialize, frame, mirror, hotlink protected assets, or otherwise exploit Site content contrary to these Terms or applicable rights;

• conduct competitive or comparative data extraction, database creation, automated valuation, lead harvesting, or commercial research using Site content without written authorization;

• access password-protected, restricted, administrative, non-public, or unintended areas or data;

• scrape, crawl, spider, harvest, or use bots, scripts, automated agents, or similar technology to access or collect Site data except as expressly authorized by these Terms, our machine-readable directives, or in writing;

• use the Site or Site content to train, fine-tune, validate, benchmark, or develop a machine-learning or artificial-intelligence model, or to create embeddings, derivative datasets, or similar representations, except as expressly authorized in writing by all applicable rights holders or, solely for PenthouseLife-owned editorial content, as permitted by our machine-readable directives under the final paragraph of this Section;

• bypass CAPTCHA, rate limits, authentication, robots directives, or other security or access-control mechanisms;

• probe, scan, test, interfere with, disable, overload, disrupt, or attempt to gain unauthorized access to the Site, servers, databases, networks, APIs, or related systems;

• reverse engineer, decompile, decrypt, disassemble, or attempt to derive source code or non-public technical information except to the limited extent such restriction is prohibited by applicable law;

• introduce viruses, malware, ransomware, malicious code, or other harmful material;

• upload or transmit infringing, defamatory, threatening, discriminatory, obscene, unlawful, privacy-invasive, or otherwise harmful content; or

• use the Site, listing information, Submitted Media, or other Site content for a competing, resale, commercial-syndication, or unauthorized data-commercialization purpose.

Ordinary hyperlinks to publicly accessible Site pages are permitted so long as they do not falsely imply sponsorship, endorsement, affiliation, or authorization. Ordinary indexing of publicly accessible Site pages by generally available search engines or other automated discovery services is permitted to the extent allowed by our robots.txt file, other machine-readable directives, and applicable rights. This limited permission does not authorize bulk extraction, republication, database creation, unauthorized AI-model use, or any use of MLS, IDX, VOW, listing, or third-party content beyond the rights granted by the applicable rights holder.

In addition, an automated agent may access and use PenthouseLife-owned editorial content — including original building profiles, market pages, and editorial commentary — for search indexing, information retrieval, citation, and artificial-intelligence model training, but only to the extent our robots.txt file or other machine-readable directives expressly permit that agent to access the applicable page at the time of access. This permission is a revocable, non-exclusive license limited to PenthouseLife-owned editorial content. It does not extend to MLS, IDX, VOW, listing, Submitted Media, or other third-party content, including any such content displayed on the same page; it does not transfer ownership of any content; and it does not permit any use that states or implies sponsorship, endorsement, or affiliation. We may change our machine-readable directives at any time, and a change applies from the time it is published.

We may investigate suspected violations and cooperate with rights holders, MLSs, brokerages, data providers, law enforcement, regulators, courts, or other authorities when legally required or reasonably appropriate.

13. Communications, Alerts, and Marketing Consent

By providing an email address or telephone number in connection with an account, inquiry, showing request, saved search, alert, security matter, or requested service, you authorize us and the appropriate professional or brokerage handling your request to communicate with you about that request or service using the contact information you provide, subject to applicable law and the Privacy Notice.

Marketing consent is separate from acceptance of these Terms. Where required, marketing calls or text messages — including communications made using automated technology — will be sent only after the applicable consent is obtained through a separate disclosure, checkbox, or other legally sufficient mechanism. Consent to marketing calls or texts is not a condition of purchasing property or obtaining real-estate services.

If you separately consent to marketing texts, message frequency may vary and message and data rates may apply. You may opt out of marketing texts by replying STOP and may request help by replying HELP, unless a different legally compliant method is provided with the message. You may unsubscribe from marketing emails using the unsubscribe mechanism included in the communication.

Transactional, security, account, inquiry-response, showing-related, and other non-marketing communications may still be sent where reasonably necessary to provide a service you requested, administer your account, or comply with law.

We do not guarantee delivery, timing, availability, or receipt of emails, text messages, alerts, saved-search notifications, showing requests, contact-form submissions, or other communications. Communications may be delayed, filtered, blocked, misdirected, interrupted, or fail because of network conditions, third-party providers, spam filters, incorrect contact information, system outages, or other causes. You should not rely on Site communications to satisfy contractual, legal, inspection, financing, closing, offer, or other time-sensitive obligations.

14. Third-Party Services, Data, Integrations, and Pass-Through Terms

The Site may display, rely upon, embed, or link to services or information supplied by third parties, including MLS/IDX/VOW providers, brokerages, listing agents, developers, authentication providers, mapping providers, school-information providers, walkability or transportation services, flood or environmental data sources, public-record sources, analytics providers, translation tools, video or virtual-tour platforms, communications providers, cloud-hosting providers, content-delivery networks, and other vendors.

We do not control third-party sites or services and do not guarantee their availability, security, privacy practices, accuracy, completeness, or continued operation. Your use of a third-party site or service is subject to that provider’s own terms and privacy policy.

Certain Site features may integrate third-party tools or services that are subject to additional provider terms, license restrictions, acceptable-use requirements, attribution rules, or other pass-through obligations. By using an integrated feature, you agree to comply with any applicable third-party terms or notices presented with that feature to the extent legally enforceable.

Neighborhood, school, school-boundary, walkability, transportation, point-of-interest, distance, flood-zone, environmental, insurance-related, tax, public-record, and similar third-party information is provided for general informational convenience only. Such information may be delayed, incomplete, generalized, or inaccurate and should be independently confirmed through the relevant governmental agency, school district, insurer, engineer, surveyor, or other authoritative source before reliance.

Links to third-party sites do not, by themselves, constitute an endorsement or create responsibility for the third party’s content, products, or services.

15. Additional Terms for Specific Features

Certain features, services, programs, or content may be subject to additional feature-specific or service-specific terms, guidelines, authorizations, notices, disclosures, or policies (“Additional Terms”). Additional Terms may apply, for example, to account features, media uploads, alerts, partner services, communications tools, AI-enabled features, data-provider services, or future Site functionality.

Additional Terms are incorporated into these Terms by reference when presented to you in connection with the applicable feature. If there is a conflict between these Terms and applicable Additional Terms, the Additional Terms will control solely with respect to that feature or service.

Media Authorization Terms. Contributors providing media directly to PenthouseLife through the portal, email, or another channel must affirmatively accept the PenthouseLife Media Authorization & License for the identified media before publication or use, unless a separate written media agreement applies under Section 11. The Media Authorization Terms are Additional Terms between the identified Submitter and David Koster PA. They govern only media covered by their acceptance record. Merely publishing revised terms or changing their name or the named entity does not replace an earlier grant; replacement requires affirmative agreement identifying the affected media. Independently received feed media remains governed by Section 7 and the applicable provider agreements.

16. Artificial Intelligence and Automated Content Assistance

We may use artificial-intelligence and automated tools to assist with drafting, summarizing, organizing, classifying, translating, formatting, matching, or technically processing editorial content, building information, property-related content, search features, and Site operations.

AI-assisted or automatically processed content may contain errors, omissions, outdated information, or unintended interpretations. Unless expressly stated otherwise, it is provided for general informational purposes only and should be independently verified. AI assistance does not convert Site content into legal, financial, tax, investment, brokerage, appraisal, engineering, architectural, or other professional advice.

If the Site offers an AI-enabled feature that generates recommendations, drafts, summaries, suggested actions, or other outputs for a user, you are responsible for reviewing the output and deciding whether and how to use it. No AI-generated action that would bind you or another person will be treated as authorized solely because the Site suggested it unless the applicable feature expressly provides otherwise and you take the required approval step.

MLS and property details remain subject to Section 7 regardless of whether AI or automation is used to organize, summarize, translate, classify, or display them.

17. Property Condition and Transaction Due Diligence

David Koster PA does not, by operating PenthouseLife.com, inspect properties, determine their physical or environmental condition, verify title, survey boundaries, confirm permits or code compliance, determine insurability, assess structural systems, determine the legal status of improvements, verify association records, or determine whether a property is suitable for a particular buyer, use, financing structure, investment objective, or price.

Property photographs, descriptions, floor plans, virtual tours, measurements, renovation information, amenity descriptions, views, condition statements, and other property-related content may not reflect current conditions. Buyers, sellers, landlords, tenants, and other users should conduct appropriate inspections, investigations, document reviews, title and survey review, financing and insurance review, and other due diligence with qualified professionals before entering into or completing a transaction.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, DATA, FUNCTIONS, SERVICES, LISTINGS, MATERIALS, AND INFORMATION MADE AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

Without limiting the foregoing, David Koster PA and its applicable owners, officers, employees, contractors, licensors, service providers, representatives, and data providers disclaim, to the maximum extent permitted by law, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, quiet enjoyment, and warranties arising from course of dealing, course of performance, or usage of trade.

We do not warrant or represent that:

• the Site will be uninterrupted, secure, timely, error-free, or free of harmful components;

• defects or errors will be corrected;

• Site or third-party data is accurate, complete, current, or suitable for a particular purpose;

• a listed property remains available or will be available on particular terms;

• information, estimates, translations, summaries, search results, maps, school data, flood information, market content, or AI-assisted content will be accurate or complete;

• communications, alerts, inquiries, or third-party integrations will be delivered, received, or available without delay or interruption;

• third-party providers will operate without outage, error, cybersecurity incident, or service failure; or

• use of the Site will produce any particular transaction, financial, investment, marketing, or real-estate result.

To the maximum extent permitted by law, we disclaim responsibility for acts or omissions of third-party providers, including service outages, transmission or delivery failures, synchronization errors, data corruption, unauthorized access, cybersecurity incidents, or other failures caused by or attributable to a third-party provider rather than our failure to use safeguards required by applicable law.

Certain jurisdictions do not permit some exclusions of warranties, so some exclusions may not apply to you.

19. Limitation of Liability

To the maximum extent permitted by applicable law, David Koster PA and its applicable owners, officers, employees, contractors, licensors, service providers, representatives, successors, and data providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, opportunity, goodwill, data, business, or anticipated savings, arising out of or relating to the Site, these Terms, any listing or third-party information, any communication or referral, any interaction with another person or entity, the condition or suitability of any property, or your inability to access or use the Site, regardless of the legal theory and even if advised that such damages were possible.

To the maximum extent permitted by applicable law, the aggregate liability of David Koster PA for all claims arising out of or relating to the Site or these Terms will not exceed US$100 (one hundred U.S. dollars).

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

These Terms govern your use of PenthouseLife.com and are between you and David Koster PA. The display of a brokerage, brand, listing, professional, third-party service, or related company on the Site does not make that entity a party to these Terms unless expressly stated. Nothing in this Section limits the responsibility of a brokerage or real-estate professional for services that entity or professional actually provides under applicable law or a separate agreement.

20. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless David Koster PA and its applicable owners, officers, employees, contractors, licensors, service providers, representatives, successors, and assigns from and against claims, demands, actions, proceedings, damages, judgments, settlements, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• your violation of these Terms or applicable Additional Terms;

• your unlawful or unauthorized use of the Site;

• content or Submitted Media you provide;

• your infringement or violation of another person’s intellectual-property, privacy, publicity, contractual, or other right;

• your violation of applicable law; or

• your misuse of Site information, communications, alerts, or third-party integrations.

For Submitted Media covered by accepted Media Authorization Terms, those terms control the media-related indemnification obligations and claims procedure. This Section does not create a separate or broader indemnification obligation for the same media. A separate written media agreement controls media-related indemnification for the media and uses it expressly covers. This Section otherwise continues to apply to obligations outside that media-specific scope.

21. Copyright Complaints and DMCA Procedure

PenthouseLife respects the intellectual-property rights of others and expects Site users and contributors to do the same. If you believe material available through the Site infringes a copyright you own or are authorized to enforce, you may submit a notice under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”).

A copyright notice should include substantially the following:

1. a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;

2. identification of the copyrighted work claimed to have been infringed or, if multiple works on the Site are covered by one notice, a representative list of those works;

3. identification of the material claimed to be infringing and information reasonably sufficient for us to locate it;

4. your name and contact information, including address, telephone number, and email address;

5. a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6. a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send copyright and DMCA notices to:

PenthouseLife.com / David Koster PA
Attn: Copyright / DMCA Contact
2000 Glades Road, Suite 312
Boca Raton, Florida 33431 USA
Email: info@penthouselife.com
Telephone: 800-502-9033

We may remove or disable access to material when appropriate and may notify the person who supplied the material. We may terminate, in appropriate circumstances, users or contributors who are repeat copyright infringers.

If material you submitted was removed or disabled because of a DMCA notice and you believe the removal resulted from mistake or misidentification, you may send a counter-notification containing substantially the information required by 17 U.S.C. § 512(g), including:

1. your physical or electronic signature;

2. identification of the removed or disabled material and where it appeared before removal or disabling;

3. a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled because of mistake or misidentification;

4. your name, address, and telephone number; and

5. a statement consenting to the jurisdiction of the appropriate U.S. federal district court as required by the DMCA and agreeing to accept service of process from the person who submitted the original notice or that person’s agent.

Counter-notifications may be sent to the same contact above. We may restore material in accordance with the DMCA unless the complaining party timely notifies us that it has filed an action seeking a court order regarding the material.

Knowingly making a material misrepresentation in a DMCA notice or counter-notice may result in liability under applicable law.

22. Suspension and Termination

We may suspend, restrict, or terminate your access to the Site or an account, remove content, or disable features when we reasonably believe you have violated these Terms or applicable Additional Terms, created security or legal risk, infringed rights, abused Site systems, violated an MLS or data-provider rule, or when suspension or termination is otherwise reasonably necessary to protect the Site, users, third parties, or our legal interests.

You may stop using the Site at any time and may request account deletion as described in the Privacy Notice, subject to applicable retention requirements.

Sections that by their nature should survive termination — including Sections 2, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, and 26 — will survive.

23. Informal Dispute Resolution

If a dispute, claim, or controversy arises out of or relating to these Terms, the Privacy Notice, the Site, any Site feature, any communication or referral made through the Site, or the parties’ relationship concerning the Site (a “Dispute”), the parties will try in good faith to resolve it informally before starting a court proceeding. The party raising the Dispute is encouraged to send the other party a brief written description of the Dispute and the relief requested, and the parties are encouraged to discuss it by telephone or videoconference. This informal step is requested but not required, and completing it is not a condition to filing suit.

This informal process does not prevent either party from seeking temporary, preliminary, or other emergency injunctive or equitable relief reasonably necessary to prevent actual or threatened misuse of intellectual property, unauthorized access, data misuse, security compromise, or other imminent irreparable harm.

Notices to David Koster PA under this Section may be sent to the contact information in Section 27. A notice from David Koster PA may be sent to the email or mailing address associated with your account or inquiry.

24. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles, except to the extent federal law controls.

Subject to any mandatory right, remedy, or forum that cannot lawfully be waived, and except for a claim that qualifies for and remains in small-claims court, any Dispute not resolved under Section 23 will be brought exclusively in the state courts located in Palm Beach County, Florida, or in the United States District Court having jurisdiction over Palm Beach County, Florida, and you and David Koster PA consent to the personal jurisdiction and venue of those courts.

Nothing in these Terms prevents either party from seeking temporary, preliminary, or emergency injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misuse of intellectual-property rights, unauthorized access, data misuse, security compromise, or other imminent irreparable harm, or from communicating with or seeking relief from a governmental or regulatory agency where permitted by law.

Nothing in these Terms deprives a consumer of any mandatory right, remedy, forum, or protection that cannot lawfully be waived under the law applicable to that consumer.

25. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date. If a change is material, we may provide additional notice through the Site, by email to account holders, or through another appropriate method.

Changes generally apply prospectively from their stated effective date. Where applicable law or the nature of a material contractual change requires renewed consent, we may ask you to affirmatively accept the revised Terms before continuing to use affected features.

26. Miscellaneous

These Terms, the Privacy Notice, applicable Additional Terms, and any MLS, listing, data-provider, or other notices expressly incorporated by reference constitute the agreement between you and David Koster PA concerning your use of the Site. They do not replace or modify a separate brokerage, listing, buyer-representation, referral, purchase, sale, lease, or other transaction agreement unless that separate agreement expressly says otherwise.

If any provision is held unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law. Our failure to enforce a provision is not a waiver. You may not assign your rights under these Terms without our written consent. We may assign these Terms in connection with a reorganization, merger, acquisition, financing, sale of assets, or transfer of the Site or business, subject to applicable law.

We are not responsible for delay or failure caused by circumstances beyond our reasonable control, including failures of telecommunications, hosting, MLS feeds, data providers, cloud services, utilities, internet infrastructure, government action, natural events, or other force-majeure events. Nothing in this paragraph limits responsibility that cannot lawfully be limited.

These Terms do not create a partnership, joint venture, employment relationship, fiduciary relationship, or authority for you to bind David Koster PA. The relationship between you and any licensed real-estate professional or brokerage is governed separately as described in Section 8.

If you voluntarily provide suggestions, ideas, corrections, recommendations, or other feedback about the Site (“Feedback”), you grant David Koster PA a non-exclusive, perpetual, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and otherwise exploit the Feedback for the purpose of improving, operating, or developing PenthouseLife, without compensation or obligation to you. This does not apply to personal information except as permitted by the Privacy Notice.

These Terms are written in English. If we provide a translation, it is for convenience only, and the English version controls in the event of any conflict or inconsistency.

Headings are for convenience only. The words “including” and “include” mean “including without limitation.” Electronic records and electronic acceptance may be used to evidence these Terms and related consents to the extent permitted by law.

27. Contact Us

For questions about these Terms, contact:

David Koster PA, operator of PenthouseLife.com
Attn: Legal
2000 Glades Road, Suite 312
Boca Raton, Florida 33431 USA
Email: info@penthouselife.com
Telephone: 800-502-9033