Terms and Conditions of Use - Effective February 16, 2008

Please read these terms and conditions of use carefully. By using EverySingleHome, you are under NO OBLIGATION TO PURCHASE anything, however, you agree to be legally bound by these terms and conditions of use (the "Terms"), without limitation or qualification, including those Terms incorporated by reference if you use the services of EverySingleHome. In these Terms, EverySingleHome, the EverySingleHome service, all services related to it, and all text, images, photographs, user interface, "look" and "feel", data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to collectively as the "Services." As used on this Web site, the terms "we", "us", or "our" refer to EverySingleHome.

You understand and acknowledge that the Services are provided to you exclusively under these Terms. If you do not accept these Terms without modification, you may not use EverySingleHome. EverySingleHome may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms, because they are binding on you.

General Description
EverySingleHome makes information available to consumers regarding nearly every aspect of homeownership so that they can make informed decisions. For example, we may provide:

1. Names and Contacts of all the vendors that provide home services in as many categories as we know about
2. Consumer ratings on each of these home service providers
3. Home service providers that are willing to offer you discounts for belonging to the ESH Community
4. Interest rates that are updated daily to reflect the best rates on the market
5. Every single home that is available for sale on the market, including homes for sale by owner (FSBO)
6. An avenue to market your home to every single real estate buyer in the market place.
7. A loan comparison service that allows potential borrowers to receive and evaluate in summary and detail the terms and conditions of potential financing prior to selecting a funding source or loan officer to facilitate said funding.

EverySingleHome is a consumer-centric, unbiased Community host.

1. We do not sell advertising space
2. We do not take any money from those that service and are rated by our Community members
3. We are completely unbiased and provide ratings from Community members like you
4. As our community grows, we share our profits with the Community
5. We actively negotiate discounts from service providers, on the Community's behalf

EverySingleHome provides some of its Services free of charge.

Information Only
EverySingleHome is published as a service to you and others for informational purposes only. The information contained herein may not be used for comercial purposes without the express written consent of EverySingleHome. The information contained herein does NOT necessarily reflect the opinions of EverySingleHome or any of its employees or clients, and is deemed accurate, but NOT guaranteed to be correct, complete, or up-to-date.

EverySingleHome has endeavored to comply with all known legal and ethical requirements in compiling this Web site. In some jurisdictions this Web site may be considered advertising. The hiring of a real estate professional is an important decision that should NOT be based solely upon information provided herein.

Your Responsibilities
To register, you must be at least 18 years of age, agree to these Terms and our Privacy Policy, and complete the registration procedure. By registering, you represent and warrant that you meet these eligibility requirements, that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions.

EverySingleHome may accept or reject your registration in its sole discretion. The Service is not directed to children. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you.

You are solely responsible for all acts or omissions that occur under your account or password, including for all Content (as defined below) that you (or anyone using your account) submit, post or transmit through the Services.

You agree not to use the Services to do any of the following:

• Violate any local, state, national or international law.
• Stalk, harass or harm another individual.
• Collect or store personal data about other users.
• Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the Services or servers or networks connected to EverySingleHome or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to the EverySingleHome System.
• Submit, post, store or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable.
• Submit, post, store or transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; content that infringes the intellectual property rights of a third party.
• Submit, post, store or transmit any content or material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Submit, post, store or transmit any content or material that is known or assumed to be in any way shape or form false, misleading, inacurate or provided with the intent of slandering, injuring, or otherwise harming directly or indirectly EverySingleHome or any entity or individual associated with EverySingleHome.

You may access and use the Service solely in accordance with these Terms and any posted policies and procedures that appear on the Web site. You may provide information about homes for sale only if you register as a Client. Any use of the Web site is at your sole risk and responsibility.

Additional Terms for Service Providers
The following section applies to all vendors, contractors, individuals, partnerships, corporations, loan officers, mortgage brokerages, real estate agents, real estate brokerages and any and all other third-party providers of services to the EverySingleHome Community through our Web site (the "Service Provider"). In addition to all Terms herein, Service Provider agrees to the following Additional Terms:

• Service Provider agrees to honor discounts or coupons that are represented on the EverySingleHome Web site by the Service Provider if a user presents the discount or coupon on or before the expiration date on the discount or coupon.
• In some cases Service Provider may have offered the discount or coupon to an EverySingleHome representative and as such, if EverySingleHome has placed the discount or coupon on the Web site, Service Provider agrees to honor the discount or coupon even if Service Provider has not come to the EverySingleHome Web site to approve of the discount or coupon.
• Service Provider has the right to either honor or deny discounts or coupons after their expiration date although EverySingleHome encourages Service Provider to honor all discounts and coupons.
• Service Provider understands that EverySingleHome users may not notify Service Provider of a discount or coupon until the user presents it at the time of payment to Service Provider. Service Provider agrees to honor all discounts or coupons under this situation.
• It is the responsibility of Service Provider to manage their information on the Web site to make sure that it is accurately. Service Provider also agrees that all information on the Web site is truthful and fairly represents Service Provider and is not exaggerated.
• Service Provider understands that information that is on the EverySingleHome Web site is public information and that EverySingleHome has the right to publish this information regardless of the approval of Service Provider, with the exception of any discount information that has not been provided or approved by Service Provider.
• Service Provider understands that there is no cost to Service Provider for providing the information and that EverySingleHome has the right at any time and at its sole discretion to remove or not to publish any of Service Provider's information.
• Service Provider understands that EverySingleHome users may provide ratings of Service Provider and that some of these ratings may not reflect positively on Service Provider. Service Provider agrees not to hold EverySingleHome liable for any such ratings. If Service Provider feels that a rating is inaccurate, it can request that EverySingleHome remove the rating, but any decision that EverySingleHome makes is final and Service Provider agrees to hold EVerySingleHome harmless and not pursue any action against EverySingleHome. Service Provider understands that EverySingleHome will not release any user information to Service Provider under any circumstances and agrees to hold members harmless from any action. Service Provider understands that it will have an opportunity to refute any negative ratings and post a response to the rating that is presented.
• Service Provider acknowledges that these Terms and Special Terms have been read and agreed to by Service Provider or its legal representative and as such approves of all Service Provider information, including discounts and coupons, presented on the EverySingleHome Web site.
• Service Provider agrees to not provide ratings for themselves or competing Service Providers nor to engage or pay other parties to come to the Web site to falsely rate Service Provider or any other Service Providers. Service Provider has the right and is encouraged to ask its customers or other parties that have used Service Provider for services to come to the Web site and rate Service Provider with an honest and truthful rating.
• Service Provider will have the right to review its own ratings in detail and at no cost to Service Provider. Such ratings can be reviewed in the My Stuff area of the Web site or in other areas as determined by EverySingleHome from time to time.

Privacy and Security
As part of the registration process, you will be asked to provide certain personal information to us. All uses of your personal information will be in accordance with the provisions of our Privacy Policy.

WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.

Payments
If you choose a Service which requires a payment, you must pay via credit card, or other payment method expressly authorized by EverySingleHome. Clients will be charged only for the Service selected. If you pay your account by credit card, you will be required to provide a valid credit card number and your credit card billing address. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time. Such fees will not, however, apply to Services purchased before such change in fees by EverySingleHome. All payments are non-refundable.

Responsibility for Content
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information and not of EverySingleHome. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on EverySingleHome or utilizing the Services by anyone other than authorized EverySingleHome spokespersons while acting in their official capacities. EverySingleHome shall not be responsible for any use that is or is not made of the Web site or the Service. Without limiting the foregoing, EverySingleHome makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material that are communicated through, or posted to, the Service, whether by Clients, EverySingleHome or otherwise, nor does EverySingleHome endorse any opinions expressed by any user of the Web site, including any Client. You acknowledge that any reliance on information or other material communicated through the Service, or posted to the Web site will be at your own risk.

We have the right, but not the obligation, to monitor and review the Content on EverySingleHome and provided through use of the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not pre-screen or monitor Content for accuracy or reliability, but that we and our designees shall have the right (but not the obligation) in our sole discretion to remove any Content from the Services, without liability to you for any reason. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the Terms that we believe may create liability for us, or that we deem otherwise objectionable.

Fair Housing and Equal Opportunity
EverySingleHome is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support efforts to ensure that there are no barriers to obtaining home financing because of race, national origin, color, religion, sex, age, handicap, marital status or familial status. When using EverySingleHome, you agree to comply with section 3604(c) of the Federal Fair Housing Act.

The Fair Housing Act - The Fair Housing Act prohibits discrimination in the sale, lease, rental or financing of housing because of race, color, religion, sex, handicap, familial status, or national origin.

Equal Credit Opportunity Act - The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant's income derives from any public assistance program.

State and Local Fair Housing/Fair Lending Laws - In addition to the federal anti-discrimination statutes, many state and local governments have enacted regulations prohibiting discrimination in the sale, lease, rental or financing of housing on the basis of the neighborhood the property in which the property is located, sexual orientation, mental or physical illness, political affiliation, lawful source of income, environmental conditions or other characteristics. Contact your state or local housing agency for additional information.

Rights of the Home or Loan Seeker - You have the right to expect that housing or home loans will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status or national origin. This includes the right to expect:

• Housing in your price range made available to you without discrimination.
• Equal professional service.
• The opportunity to consider a broad range of housing or loan choices.
• No discriminatory limitations on communities or locations of housing.
• No discrimination in the financing, appraising, or insuring of housing.
• Reasonable accommodations in rules, practices and procedures for persons with disabilities.
• Non-discriminatory terms and conditions for the sale, rental, financing, or insuring of a dwelling.
• To be free from harassment or intimidation for exercising your fair housing rights.

If You Suspect Discrimination - Complaints alleging discrimination in housing may be filed with the nearest office of the United States Department of Housing and Urban Development (HUD), or by calling HUD's toll free numbers, 1-800-699-9777 (voice), or 1-800-543-8294 (TDD).

You can contact HUD on the Internet at http://www.hud.gov/fhe/fheo.html.

Links to Third Party Services
As a convenience to you this Web site contains links to third party Web sites or other resources and services on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest. They are NOT intended to state or imply that EverySingleHome endorses, sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in such links. Those links are not under the control of EverySingleHome and EverySingleHome is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content.

Your access to such Web sites through links provided on this Web site is governed by the terms of use and policies of those sites, not this Web site. Any concerns you may have regarding any external link should be directed to that link's Web site administrator or webmaster. EverySingleHome SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEB SITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION. If you decide to access any Linked Content, you do so at your own risk.

Dealings with Partners and Advertisers
Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from our partners, advertisers, sponsors, or any other third party links or resources found on or through the Services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such partners, advertisers, sponsors, or third parties. YOU AGREE THAT EVERYSINGLEHOME SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS, SPONSORS, OR THIRD PARTIES ON OR THROUGH THE SERVICES.

Copyrights and Restrictions on Use
All rights are reserved. The content of the Services, including without limitation, text, software, music, sound, photos, graphics, video, page layout and design and other material contained in the Services or information presented through the Services by EverySingleHome or its licensors (the "Content"), is copyrighted by EverySingleHome and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by EverySingleHome or its licensors. The Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of EverySingleHome and our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

Subject to these Terms, you may (i) display the Web site on an Internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute "fair use" under United States copyright law, print copies of insubstantial portions of the Web site. Except as expressly authorized by the foregoing sentence and as otherwise permitted herein, you may not display or print the Web site and in no event may you broadcast, circulate, distribute, duplicate, download, perform, publish, rent, reproduce, sell, store, transmit, exploit or create decorative works from the Web site.

THE SERVICES ARE PROVIDED FOR YOUR PERSONAL, NONCOMMERCIAL USE ONLY.

You are required to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from EverySingleHome. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web site that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to (i) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client; (ii) delete or revise any material or other information of any other user or EverySingleHome; (iii) take any action that imposes an unreasonable or disproportionately large load on the Web site 's infrastructure; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any activity being conducted on this site; (v) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar's or intelligent agents) to navigate or search this Web site other than the search engine and search agents available from EverySingleHome on this Web site and other than generally available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); or (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web site. You are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Web site ; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. EverySingleHome will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. EverySingleHome reserves the right to review postings on the Web site, to remove any postings, and to terminate your ability to communicate with, or post to, the Web site at any time without notice, in its sole discretion. EverySingleHome will take commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web site but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

Except as expressly contemplated under this Agreement, as between EverySingleHome and you, EverySingleHome will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web site and Service, in all media now known or later devised, to the full extent provided under United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of EverySingleHome, including "EverySingleHomeforsale", "EverySingleHomeforsale.com", "EverySingleHome.com", and "EverySingleHome.com", without the prior written consent of EverySingleHome in its sole discretion for each such use.

Upon your submission of information to the Service, you grant EverySingleHome and its agents a royalty-free, perpetual, irrevocable, sub-licensable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such information, for the full term of any intellectual property rights that may exist in such information to the extent necessary to provide you with the Service.

You acknowledge that EverySingleHome shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order validate the propriety or legality of information submitted by you.

You may not establish a hyperlink to this Web site if it states or implies any sponsorship or endorsement of your web site by EverySingleHome, or its affiliates. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on this Web site without prior written consent of EverySingleHome.

License
You hereby grant to EverySingleHome and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sub-licensable right, in any media currently known, to exercise all copyright and other intellectual property rights with respect the Content you provide to us to be published on EverySingleHome or on or through the Services or otherwise through the Services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. The foregoing does not apply to Content contained on hyper linked pages or any other Content you do not submit to us.

Use and Storage
You acknowledge and agree that we may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that information, data, account history or other uploaded Content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.

Modifications to the Terms
From time to time, EverySingleHome may change the Terms. We will notify you of any such changes via e-mail and/or by posting the changes on our Web site. Such modifications shall be effective immediately upon posting. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification.

Modifications to the Services
We reserve the right to modify or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice to you. We shall not be liable to you or any third party if we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Services as so modified.

Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES.

EVERYSINGLEHOME IS NOT A REAL ESTATE COMPANY, DOES NOT HAVE EXPERTISE IN THE SALE OF REAL ESTATE, AND DOES NOT OFFER ADVICE UPON WHICH YOU CAN RELY IN THE SALE OR PURCHASE OF YOUR PROPERTY.

WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) EVERYSINGLEHOME OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.

WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS THE RESULT OF THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVERYSINGLEHOME OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

EVERYSINGLEHOME SHALL NOT BE RESPONSIBLE FOR ANY DELAYS OR INTERRUPTIONS OF, OR ERRORS OR OMISSIONS CONTAINED IN, THE WEB SITE. EVERYSINGLEHOME RESERVES THE RIGHT, BUT SHALL NOT BE REQUIRED, TO CORRECT ANY DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS. ALTHOUGH EVERYSINGLEHOME INTENDS TO USE COMMERCIALLY REASONABLE EFFORTS TO MAKE THE WEB SITE AND SERVICE ACCESSIBLE, EVERYSINGLEHOME MAKES NO REPRESENTATION, WARRANTY OR COVENANT THAT THE WEB SITE OR SERVICE WILL BE AVAILABLE AT ALL TIMES OR AT ANY TIME. VARIOUS CIRCUMSTANCES MAY PREVENT OR DELAY AVAILABILITY. EVERYSINGLEHOME MAY AT ANY TIME DISCONTINUE THE WEB SITE IN WHOLE OR IN PART, MAY CHANGE OR ELIMINATE ANY TRANSMISSION METHOD, AND MAY CHANGE TRANSMISSION SPEEDS OR OTHER SIGNAL CHARACTERISTICS. EVERYSINGLEHOME SHALL NOT BE RESPONSIBLE FOR ANY LOSS, COST, DAMAGE OR LIABILITY THAT MAY RESULT.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EVERYSINGLEHOME OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY WAY RELATED TO:

• The use or the inability to use the Services.
• The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Services.
• Unauthorized access to or alteration of your transmissions or data.
• Statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another's rights, including intellectual property rights.
• Individuals that may come to your home as a result of seeing your home on EverySingleHome.
• Your failure to adequately safeguard your password or access to the Services.
• Any Content you access through the services, including, but not limited to, for any errors or omissions in any Content, or your use of or reliance on any Content posted, e-mailed or otherwise transmitted through the Services.
• Termination of your access to or use of the Services as provided herein.
• The deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services.
• Any modification, suspension or discontinuance of the Services (or any part thereof) or these terms.
• Use of or reliance on any Content, goods or services available on any other Web sites that you access through the Services.
• Any other matter relating to the Services or these Terms.

The Service serves solely as a venue for the advertising of homes for sale and EverySingleHome does not screen or censor any information or material posted to the Web site. EverySingleHome cannot and does not regulate, screen or control any individual using the Web site and makes no representations or warranties whatsoever about who may contact you as a result of information on EverySingleHome. By using this EverySingleHome or by posting a sign in front of your home or otherwise advertising that your home is for sale, you acknowledge that you have placed the fact that your home is for sale into the public domain to be access by the entire world and that EverySingleHome is not liable in any way for infringement on your rights as a result of individuals accessing EverySingleHome. EverySingleHome cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because EverySingleHome does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web site, if you have a dispute with one or more users, you release EverySingleHome (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. At any time, you may request that your home be removed from EverySingleHome by contacting us.

Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Indemnification
You agree to indemnify, defend and hold harmless EverySingleHome, its parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including attorneys' fees) that such parties may incur as a result of or arising from (1) any information or Content (as defined below) that you (or anyone using your account) submits, posts or transmits through the Services, (2) your (or anyone using your account's) use of the Services, (3) your (or anyone using your account's) violation of these Terms, (4) your (or anyone using your account's) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into EverySingleHome or other Services.

Trademarks
Certain of the names, logos, and other materials displayed on EverySingleHome and in and through the Services System constitute trademarks, trade names, service marks or logos ("Marks") of EverySingleHome or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

Termination
You agree that EverySingleHome, in its sole discretion, may at any time terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services at any time we choose. You agree that we may terminate your account if it remains inactive for an extended period of time. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your access to the Services at any time by notifying us in writing.

Survival
All limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of the Terms for any reason. EverySingleHome's (and its licensors') proprietary rights (including any and all intellectual property rights) in and to the Content and the Services shall survive the expiration or earlier termination of the Terms for any reason.

No Spam
We do not condone or allow spam. We prohibit you from using the Services to promote your own Web site or any business, product or service through the sending of unsolicited e-mail. We reserve the right to investigate and terminate your rights under this Agreement.

Email Communications
We are pleased to communicate with you by e-mail. If you communicate with us by e-mail, please remember that Internet e-mail is NOT fully secure. Unless other arrangements specifically have been made, you should AVOID sending highly sensitive or confidential Internet e-mail messages without adequate encryption.

By using the Service you agree to receive status notifications, a monthly newsletter, and carefully selected special offers and promotions for the Services, or for third-party services EverySingleHome believes could be of value to you. This is essential to maintaining the low-cost of our services. You are free to unsubscribe at anytime. EverySingleHome may or may not use a third party to send e-mail, however, your personal identifying information will never be disclosed or shared with another party without your explicit permission as outlined in our Privacy Policy and as required by law.

Violations
Please contact us at email at EverySingleHome to report any violations of the Terms.

Miscellaneous
The Terms and the relationship between you and EverySingleHome shall be governed by the laws of the State of Utah as applied to agreements made, entered into and performed entirely in Utah by Utah residents, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be brought in the Federal court having jurisdiction over Utah County, Utah or in the 4th District Court in Provo, Utah and you and EverySingleHome hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions.

You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless EverySingleHome agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. EverySingleHome may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by EverySingleHome of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.

Entire Agreement
These Terms, and each obligation referenced herein, represent the entire Agreement between EverySingleHome, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail. Modifications to the Terms must be made in writing. Oral representations by EverySingleHome or its employees or affiliates are NOT binding.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY EVERYSINGLEHOME

Every Single Home, Inc.
451 E 1000 S, Suite C
Pleasant Grove, UT 84062
801-701-0621

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