Terms and Conditions of Use and Service

Elevate Realty, Inc (hereafter the “Company”), a California corporation that is authorized to conduct business in California, is a real estate brokerage firm that provides information and services for customers in buying and selling real estate properties.

PLEASE READ THESE TERMS AND CONDITIONS OF USE AND SERVICE CAREFULLY BEFORE USING THIS SITE.

By accessing or using any website with an authorized link to the Company’s Website (the “Site) and/or any Company applications or application plug-ins (“Applications”), registering an account, or accessing or using any content, information, services, features, or resources available or enabled via the Website and/or the Applications (collectively, the "Services"), clicking on a button or taking another action to signify your acceptance of these terms and conditions of use and service (the “Terms of Use”), you:

(1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services;

(2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and

(3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity on whose behalf you use the Services.

(4) agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.

In these Terms of Use, the words "you" and "your" refer to each customer, Site visitor, or Application user, "we", "us" and "our" refer to the Company and "Services" refers to all services provided by us.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, without notice to you. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

If at any time you find these Terms of Use unacceptable, or if you do not agree to these Terms of Use, please do not use this Site or any Applications.

Section 1.0 Your Use of the Site.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The Company reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Company server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of the Company, including any Company account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Company’s systems or networks, or any systems or networks connected to the Site or to the Company.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to The Company on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity, which infringes the rights of the Company or others.

The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Section 2.0 Registration as a User; Application of Terms to You; Your Account

You become a user of Services ("User") by completing the registration of an account for Services (“Account”). This Agreement takes effect as soon as you indicate your acceptance of these terms. You may not become a User if you are under the age of 13. Services are not intended for persons under 13 and the Company will not knowingly collect personal information from persons under the age of 13.

When registering an Account, you agree to provide only true, accurate, current, and complete information requested by the registration form (the "Registration Data") and to promptly update the Registration Data thereafter as necessary. The Registration Data may include personally identifiable information such as your email address, name, phone number, postal address, personal data relating directly or indirectly to you, practicable for the identity of you, and other information. Your submission of Registration Data through the Services is governed by the Company’s Privacy Policy (the “Privacy Policy”), which we strongly advise and require you to read before using the Services.

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company's current Privacy Policy can be found by clicking here. The Company's Privacy Policy is expressly incorporated into this Agreement by reference.

In connection with the use of certain Company products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant the Company a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by the Company at any time by removing your personal information from the applicable service.

You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify the Company immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account for the same Company service at any given time. The Company reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of the Company.

A. Contracting Party

For any interaction with Services, your contractual relationship is with the Company. Except as otherwise indicated at the time of the transaction, any transactions you make on Services are being made from the Company.

B. Subscriptions; Content and Services

As a User, you may obtain access to certain services, software, and content available to Users. The Services service and any other software, content, and updates you download or access via Services, including but not limited to the Company or third-party content, and any virtual items you trade, sell or purchase in Services are referred to in this Agreement as “Content and Services”; the rights to access and/or use any Contents and Services accessible through Services are referred to in this Agreement as "Subscriptions".

Each Subscription allows you to access particular Content and Services. Some Subscriptions may impose additional terms specific to that Subscription ("Subscription Terms"). The Subscription Terms and the Company Privacy Policy are binding on you once you indicate your acceptance of them or of this Agreement.

C. Your Account

Certain features or services offered on or through the Site may require you to open an account (including setting up an user name and password). When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password.

Your Account may also include billing information you provide to the Company for the purchase of Subscriptions, Content, and Services, and any physical merchandise offered for purchase through Services (“Product”).

Your Account, including any information pertaining to it (e.g.: contact information, billing information, Account history, and Subscriptions, etc.), is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by this Agreement (including any Subscription Terms) or as otherwise specifically permitted by the Company.

You may not reveal, share or otherwise allow others to use your password or Account except as otherwise specifically authorized by the Company. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You may not use anyone else’s user name, password or account at any time. You may not use a third party's account, user name or password at any time.

You agree to notify the Company immediately of any unauthorized use of your account, including your user name or password, or any other breach of security. The Company shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password as a result of your failing to keep your account information secure and confidential. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

The Company is not responsible for the use of your password and Account or for all of the communication and activity on Services that result from the use of your login name and password by you, by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision. Unless it results from the Company’s negligence or fault, the Company is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify the Company via the support form [email protected] without any delay.

D. Payment Processing

Payment processing related to Content and Services and/or physical goods purchased on Services is performed by either the Company directly or by the Company’s affiliates on behalf of the Company depending on the type of payment method used. In any case, delivery of Content and Services, as well as physical goods, is performed by the Company.

Section 3.0 Licenses

A. General Content and Services License

Services and your Subscription(s) require the automatic download and installation of Content and Services onto your computer. The Company hereby grants, and you accept, a non-exclusive license and right, to use the Content and Services for your personal, non-commercial use (except where commercial use is expressly allowed herein or in the applicable Subscription Terms). This license ends upon termination of (a) this Agreement or (b) a Subscription that includes the license. The Content and Services are licensed, not sold. Your license confers no title or ownership in the Content and Services. To make use of the Content and Services, you must have a Services Account and you may be required to be running the Services client and maintaining a connection to the Internet.

For reasons that include, without limitation, system security and stability, Services may need to automatically update, pre-load, create new versions of or otherwise enhance the Content and Services and accordingly, the system requirements to use the Content and Services may change over time. You consent to such automatic updating. You understand that this Agreement (including applicable Subscription Terms) does not entitle you to future updates, new versions or other enhancements of the Content and Services associated with a particular Subscription, although the Company may choose to provide such updates, etc. in its sole discretion.

B. License to Use the Company’s Content in Derivative Work

The Company appreciates the community of Users that creates secondary and audio-visual works that reference the Company’s content ("Derivative Work"). You may incorporate content from the Company into your Derivative Work. Except as otherwise set forth in this Clause or in any Subscription Terms, you may use, reproduce, publish, perform, display and distribute Derivative Work that incorporates content from the Company however you wish, but solely on a non-commercial basis.

If you incorporate any third-party content in any Derivative Work, you must be sure to obtain all necessary rights from the owner of that content.

C. Ownership of Content and Services

All title, ownership rights and intellectual property rights in and to the Content and Services and any and all copies thereof, are owned by the Company and/or its or its affiliates’ licensors. All rights are reserved, except as expressly stated herein. The Content and Services are protected by copyright laws, international copyright treaties and conventions and other laws. The Content and Services contains certain licensed materials and the Company’s and its affiliates’ licensors may protect their rights in the event of any violation of this Agreement.

D. Restrictions on Use of Content and Services

You may not use the Content and Services for any purpose other than the permitted access to Services and your Subscriptions, and to make personal, non-commercial use of your Subscriptions, except as otherwise permitted by this Agreement or applicable Subscription Terms. Except as otherwise permitted under this Agreement (including any Subscription Terms or Rules of Use), or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Content and Services or any software accessed via Services without the prior consent, in writing, of the Company.

You are entitled to use the Content and Services for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Content and Services to other parties in any way, nor to rent, lease or license the Content and Services to others without the prior written consent of the Company, except to the extent expressly permitted elsewhere in this Agreement (including any Subscription Terms or Rules of Use); (ii) host or provide services for the Content and Services or emulate or redirect the communication protocols used by the Company in any network feature of the Content and Services, through protocol emulation, tunnelling, modifying or adding components to the Content and Services, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network over the Internet, network utilizing commercial or non-commercial networks or as part of content aggregation networks, websites or services, without the prior written consent of the Company; or (iii) exploit the Content and Services or any of its parts for any commercial purpose, except as expressly permitted elsewhere in this Agreement (including any Subscription Terms).

Section 4.0 Billing, Payment, and Other Subscriptions

You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide the Company with valid payment information in connection with your orders. By providing the Company with your payment information, you agree that (i) the Company is authorized to immediately invoice your Account for all fees and charges due and payable to the Company hereunder, (ii) the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify the Company of any change in your payment information. The Company reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, the Company reserves the right to either suspend or terminate your access to the paid-for services.

A. Payment Authorization

When you provide payment information to the Company or to one of its payment processors, you represent to the Company that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize the Company to charge your credit card or to process your payment with the chosen third-party payment processor for any Subscription, Product or other fees incurred by you. the Company may require you to provide your address or other information in order to meet their obligations under applicable tax law.

For Subscriptions subject to automatic renewal after an agreed usage period, where recurring payments are made in exchange for continued use (“Recurring Payment Subscriptions”), by

continuing to use the Recurring Payment Subscription you agree and reaffirm that the Company is authorized to charge your credit card, or to process your payment with any other applicable third-party payment processor, for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify the Company promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify the Company promptly if your credit card or PayPal or other payment account expires or is cancelled for any reason.

If your use of Services is subject to any type of use or sales tax or VAT, then the Company may also charge you for those taxes, in addition to the Subscription or other fees published in the Rules of Use.

The European Union VAT (“VAT”) tax amounts collected by the Company reflect VAT due on the value of any Content and Services, Product or Subscription.

You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, the Company may terminate your access to your Account.

B. Responsibility for Charges Associated With Your Account

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, the Company reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before the Company will allow you to register again.

C. Free Subscriptions

In some cases, the Company may offer a free Subscription to certain services, software and content. As with all Subscriptions, you are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using Services, even when the Company offers a free Subscription.

D. Third Party Sites

Services may provide and contain links to websites controlled by parties other than the Company (each a "Third Party Site"). The Company works with a number of partners and affiliates whose sites are linked with the Company. The Company may also provide links to other citations or resources with whom it is not affiliated. The Company is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. The Company makes no guarantees about the content or quality of the products or services provided by such sites. The Company is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Third Party Site, nor does it imply that the Company sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that the Company is not responsible for any loss or damage of any sort you may incur from dealing with a third party.

Some of these sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that you may pay to the Company. Services may also provide access to third-party vendors, who provide content, goods and/or services on Services or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. the Company makes no representations or warranties, either express or implied, regarding any third party site. In particular, the Company makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.

Section 5.0 Third Party Content

In regard to all Subscriptions, Contents and Services that are not authored by the Company, the Company does not screen such third party content available on Services or through other sources. the Company assumes no responsibility or liability for such third party content. Some third party application software is capable of being used by businesses for business purposes - however, you may only acquire such software via Services for private personal use.

Section 6.0 Online Conduct and Illegal Behavior

Your online conduct and interaction with other Users should be guided by common sense and basic etiquette. The Company may terminate your Account or a particular Subscription for any conduct or activity that we deem as illegal, improper, or otherwise negatively affects the enjoyment of Services by other Users. You acknowledge that the Company is not required to provide you notice before terminating your Subscription(s) and/or Account.

Section 7.0 User Generated Content

A. General Provisions

Services provide interfaces and tools for you to you may submit Content, including sharing, requests or comments to generate content and make it available to other users and/or to the Company at your sole discretion. "User Content" means any content you make available through the Services, or otherwise provided to the Company or other users, whether online or offline and whether or not solicited by the Company, or to the Company or its affiliates through your use of the Content and Services or otherwise.

For clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to the Company, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, amend, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the User Content in connection with the Service and the Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Member / user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such User Content as permitted through the functionality of the Service and under these Terms and Conditions. The above licenses granted by you in User Content you submit to the Service cannot be terminated or deleted (save for any personal information submitted, which will be subject to local privacy law). You understand and agree, however, that the Company may continue to distribute, or perform, server copies of your User Content relating to templates and documents. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

If you provide the Company with any feedback or suggestions about Services, the Content and Services, or any the Company products or services, the Company is free to use the feedback or suggestions however it chooses, without any obligation to account to you.

The Company has no obligation to pre-screen any content. You use all User Content and interact with other users at your own risk. Without limiting the foregoing, The Company reserves the right in its sole discretion to pre-screen, refuse, or remove any content. The Company shall have the right to remove any content that violates this Agreement or is otherwise objectionable.

B. Representations and Warranties

You represent and warrant to us that you have sufficient rights in all User Content to grant the Company and other affected parties the licenses described under A above. This includes, without limitation, any kind of intellectual property rights or other proprietary or personal rights affected by or included in the User Content.

You furthermore represent and warrant that the User Content, your submission of that Content, and your granting of rights in that Content does not violate any applicable contract, law or regulation.

C. Feedbacks, Ratings, and Reviews

At various locations on the Site or through Applications, the Company may permit visitors to post ratings, reviews, comments, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

Feedbacks, ratings and reviews posted by users on our Services are User Content that is not endorsed by the Company and does not represent the views of the Company. The Company does not assume liability for ratings and reviews or for any claims for economic loss resulting from such feedbacks, ratings and reviews. Because we expect users to maintain a high level of integrity with respect to feedback, ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service; (ii) you will not provide feedback, rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) you will not submit feedback, rating or review in exchange for payment or other benefits from any individual or entity; (iv) your review will comply with the terms of this Agreement; (v) to represent and warrant that you have all rights necessary to submit the feedback, rating and reviews; and (vi) to grant to the Company the right to use any feedback, ratings and reviews in any way at any time without any additional approval or compensation. If we determine, at our sole discretion, that any rating or review could diminish the integrity of the feedback, ratings and reviews, we may exclude such User Content without notice.

D. Unsolicited Submissions

Except as may be required in connection with your use of Company Services, the Company does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to the Company through or in association with this Site shall be considered non-confidential and the Company's property. By providing such submissions to the Company, you hereby assign to the Company, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. The Company shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

Section 8.0 Inappropriate Content

When accessing the Site, any Applications, or using the Company's Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:

(a) is libelous, defamatory, obscene, pornographic, abusive or threatening;

(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or

(c) advertises or otherwise solicits funds or is a solicitation for goods or services.

The Company reserves the right to terminate or delete such material from its servers. The Company will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Section 9.0 Ownership of and License to Use the Services

A. Use of the Services

This Site and Applications are owned and operated by the Company. Except with respect to User Content, the Company and its suppliers in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by the Company or by our respective third party authors, developers or vendors ("Third Party Providers"). The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, the Company grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. Except as otherwise expressly provided by the Company, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of the Company's intellectual property rights, whether by estoppel, implication or otherwise. The Company does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by the Company. The Company, its suppliers and service providers reserve all rights not granted in this Agreement.

B. Trademarks and Copyrights

Elevate Realty, Inc, Elevate RealtyTM, Elevate LuxuryTM, Rise Above the RestTM, the colored tri-square logo, all images and text, and all page headers, custom graphics and button icons used on or in connection with the Services are service marks, trademarks, registered trademarks, and/or trade dress of Elevate Realty, Inc and may not be used without permission in connection with any third-party products or services. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

All Site design, text, graphics, the selection and arrangement thereof, Copyright © Elevate Realty, Inc. ALL RIGHTS RESERVED.

C. Restrictions on Use of Services

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, logo or Services (including images, text, page layout or form) of the Company; (c) you shall not use any metatags or other "hidden text" using the Company's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing", or "crashing" the Services. Any unauthorized use of the Services terminates the licenses granted by the Company pursuant to this Agreement. D. Third-Party Links

The Services may contain links to third-party services such as third party websites, applications, or ads ("Third-Party Links"). When you click on such a link, we will not warn you that you have left the Services. The Company does not control and is not responsible for Third-Party Links. The Company provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.

Section 10.0 Rights and Responsibilities of the Company

The Company is not the publisher or author of the User Content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party. Although we cannot make an absolute guarantee of system security, the Company takes reasonable steps to maintain security. If the Company's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, The Company reserves the right to delete those files or to stop those processes. If the Company’s technical staff suspects a user name is being used by someone who is not authorized by the proper user, the Company may temporarily disable that user's access in order to preserve system security. In all such cases, the Company will contact the member as soon as feasible. The Company has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.

Section 11.0 Rights and Responsibilities of The Company Users or Other Posters of User Content

You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any Company service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:

that is known by you to be false, inaccurate or misleading;

that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation;

that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;

that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;

that contains any computer virus, worms, or other potentially damaging computer programs or files;

that otherwise violates these Terms of Use.

You grant the Company a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.

By submitting your email address in connection with your rating and review, you agree that the Company may use your email address to contact you about the status of your review and other administrative purposes.

Section 12.0 DISCLAIMERS AND LIABILITY PROVISIONS

PLEASE NOTE THAT THIS SECTION DOES NOT EXCLUDE ANY GUARANTEE, RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED OR MODIFIED UNDER LOCAL CONSUMER PROTECTION LAW.

Prior to acquiring a Subscription, you should consult the product information made available on Services, including Subscription description, minimum technical requirements, and user reviews.

A. DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY PRODUCTS OR TRANSACTIONS OR TRANSFERS RELATING TO PRODUCTS, OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, AND INCLUDING FROM ANY DISPUTE WITH ANY OTHER USER OF THE SERVICE.

B. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY, ITS LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF THE COMPANY’S SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE CONTENT AND SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE CONTENT AND SERVICES, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT OF THE COMPANY’S OR ITS AFFILIATES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF THE COMPANY’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY THIRD PARTY MATERIALS IS TO STOP USING THE SERVICES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE COMPANY PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO THE COMPANY BY YOU DURING THE TWELVE MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) $1000 UNITED STATES DOLLARS. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A THE COMPANY PARTY FOR (X) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY A THE COMPANY PARTY'S GROSS NEGLIGENCE OR FOR (Y) ANY INJURY CAUSED BY A THE COMPANY PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.

C. NO GUARANTEES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE SERVICES, THE CONTENT AND SERVICES, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTIONS(S) OR ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH.

D. NO WARRANTY

THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY THE COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

E. INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS CORPORATE PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS OF EACH (COLLECTIVELY, THE "COMPANY PARTIES") HARMLESS FROM ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED) RELATING TO OR ARISING OUT OF ANY CLAIMS CONCERNING: (A) YOUR CONTENT; (B) YOUR USE / MISUSE OF THE SERVICES; (C) YOUR VIOLATION OF THIS AGREEMENT; (D) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY, INCLUDING ANY USERS; (E) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS; (F) THIRD-PARTY CLAIMS THAT YOU OR SOMEONE USING YOUR PASSWORD DID SOMETHING THAT, IF TRUE, WOULD VIOLATE ANY OF THESE TERMS, (G) ANY MISREPRESENTATIONS MADE BY YOU, OR (H) A BREACH OF ANY REPRESENTATIONS OR WARRANTIES YOU’VE MADE TO US. THE COMPANY RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH THE COMPANY IN ASSERTING ANY AVAILABLE DEFENCES. THIS PROVISION DOES NOT REQUIRE YOU TO INDEMNIFY ANY OF THE COMPANY PARTIES FOR ANY UNCONSCIONABLE COMMERCIAL PRACTICE BY SUCH PARTY OR FOR SUCH PARTY'S NEGLIGENCE, FRAUD, DECEPTION, FALSE PROMISE, MISREPRESENTATION OR CONCEALMENT, SUPPRESSION OR OMISSION OF ANY MATERIAL FACT. YOU AGREE THAT THE PROVISIONS IN THIS SECTION WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT, THIS AGREEMENT OR YOUR ACCESS TO THE SERVICES.

Section 13.0 Amendments to this Agreement

This Agreement may at any time be mutually amended by your explicit consent to changes proposed by the Company. Furthermore, the Company may amend this Agreement (including any Subscription Terms or Rules of Use) unilaterally at any time in its sole discretion. In this case, you will be notified by e-mail of any amendment to this Agreement made by the Company within 10 (ten) days before the entry into force of the said amendment. Your failure to cancel your Account within ten (10) days after the entry into force of the amendments, will constitute your acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease use of the affected Subscription(s). the Company shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall the Company have any obligation to prorate any fees in such circumstances.

Section 14.0 Applicable Law/Jurisdiction

A. Dispute Resolutions

This document is governed by and are to be construed in accordance with the laws of California applicable therein.

Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of

California (and any court of appeal) and waives any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction.

For EU Customers: In the event of a dispute relating to the interpretation, the performance or the validity of the User Agreement, an amicable solution will be sought before any legal action. You can file your complaint at [insert link or e-mail]. In case of failure, you may, within one year of the failed request, file an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, or on the European Consumer Centre’s website: http://www.europe-consommateurs.eu/index.php?id=2514.

B. Procedure for Making Claims of Copyright Infringement

If you believe content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: [email protected]

C. Governing Law; Venue

By using this Site or any Applications, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.

Section 15.0 Violation of These Terms of Use

The Company may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Company’s rights or property, or the rights or property of visitors to or users of the Site, including the Company’s customers. The Company reserves the right at all times to disclose any information that the Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Company also may disclose your information when the Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that the Company may preserve any transmittal or communication by you with the Company through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or the Company determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of the Company, its employees, users of or visitors to the Site, and the public.

You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.

You also agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If the Company does take any legal action against you as a result of your violation of these Terms of Use, the Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company. You agree that the Company will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Section 16.0 Void Where Prohibited

The Company administers and operates the www.elevate-realty.com Site from its location in California, USA; other Company sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Section 17.0 Real Estate Data

All data obtained from this Web site is intended for your personal, non-commercial use. You acknowledge that the particular multiple listing service (MLS), which supplies the listing data owns such data, and you also acknowledge the validity of the MLS’s copyright to such data.

Section 18.0 Referrals to Other Brokers/Agents and Service Providers

The Company does not guarantee or warrant the products or services of other product or service providers to whom it may refer you, including, but not limited to, real estate brokers/agents, lenders and escrow/settlement companies.

Section 19.0 Equal Housing Opportunity

We pledge to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

Section 20.0 MLS Terms of Use

By registering, you are agreeing to the following terms and conditions:

You acknowledge entering into a lawful consumer-broker relationship with us; however, this relationship does not require you to work with the Company, nor does it impose a financial obligation on you.

You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data, and you acknowledge the validity of the MLS’s copyright to such data.

You acknowledge that the individual MLS is authorized to access this Site for the sole purpose of monitoring compliance with MLS rules.

All data obtained from this Site is intended only for your personal, non-commercial use.

You have a good faith interest in the purchase, sale, or lease of real estate of the type being offered through this Site. You will not copy, redistribute, or retransmit any of the data or information provided.

Section 21.0 Use of Testimonials and Media Endorsements

The media hosts on the Site endorse the Company as paid spokespeople in our advertising campaigns.

Section 22.0 Personal Use

The site is licensed to you and made available for your personal, non-commercial use on your own behalf.

Section 23.0 Children

Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

Section 24.0 Right to Refuse

You acknowledge that the Company reserves the right to refuse service to anyone and to cancel User access at any time.

Section 25.0 Term and Termination

A. Term

The term of this Agreement (the "Term") commences on the date you first indicate your acceptance of these terms, and will continue in effect until otherwise terminated in accordance with this Agreement.

B. Termination by You

You may cancel your Account at any time. You may cease use of a Subscription at any time or, if you choose, you may request that the Company terminate your access to a Subscription. Subscriptions are not transferable. Access to Subscriptions purchased as a part of a pack or bundle cannot be terminated individually, termination of access to one product / service purchased in the pack. Your cancellation of an Account, or your cessation of use of any Subscription or request that access to a Subscription be terminated, will not entitle you to any refund, including any Subscription fees. the Company reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or termination of your access to a particular Subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation.

C. Termination by the Company

The Company may cancel your Account or any particular Subscription(s) at any time in the event that (a) the Company ceases providing such Subscriptions to similarly situated Users generally, or (b) you breach any terms of this Agreement (including any Subscription Terms or Rules of Use). In the event that your Account or a particular Subscription is terminated or cancelled by the Company for a violation of this Agreement or improper or illegal activity, no refund, including any Subscription fees or of any unused credits in your Services, will be granted.

D. Survival of Terms

Sections 1, 3-5 and 7-28 will survive any expiration or termination of this Agreement.

Section 26.0 Miscellaneous

A. Electronic Communications

The communications between you and the Company use electronic means, whether you visit the Services or send the Company e-mails, or whether the Company posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from the Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that the Company provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing." The foregoing sentence does not affect your statutory rights.

B. Assignment

This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

C. Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

D. Questions, Complaints, Claims

BY USING THE COMPANY'S SERVICES OR ACCESSING THE COMPANY SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO THE COMPANY VIA THE COMPANY SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO THE COMPANY, AND THAT THE COMPANY MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

Any feedback you provide at this site shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using the contact information available on the Services ([email protected]). We will do our best to address your concerns.

E. Notice

Where the Company requires that you provide an e-mail address, you are responsible for providing the Company with your most current e-mail address. In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, the Company's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to the Company at the following address:

Attention: Elevate Realty, Inc

LEGALZOOM.COM, INC.

101 N BRAND BLVD., 11TH FLOOR

GLENDALE, CA 91203

Such notice shall be deemed given when received by the Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

F. Waiver

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

G. Severability

Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

H. Export Control

You agree to comply with all applicable import/export laws and regulations. You agree not to export the Content and Services or Product or allow use of your Account by individuals of any terrorist supporting countries to which encryption exports are at the time of exportation restricted. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.

I. Entire Agreement

This Agreement, including any Terms and Conditions, Privacy Policy, and other policies of the Company, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.

J. Rights of Third Parties

You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.

K. Complying with Law

The Company’s obligations are subject to existing laws and legal processes and the Company may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.

L. Compliance with Intellectual Property Laws

When accessing the Company or using the Company Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your User account.

The Company has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of the Company or of a third party or that violate intellectual property rights generally. The Company's policy is to remove such infringing content or materials and investigate such allegations immediately.

Section 27.0 Acknowledgement

BY USING THE COMPANY'S SERVICES OR ACCESSING THE COMPANY SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Section 28.0 Revision Date

This Terms of Use was last updated on 05 September 2022 ("Revision Date").

We may, at any time and without liability, modify or discontinue all or part of the Services; charge, modify or waive any fees or charges required to use the Services; or change the Terms and Conditions of Use and Service for some or all of our users. If you were a User before the Revision Date, it replaces your existing agreement with the Company.