This Client Agreement (this “Agreement”) is entered into by RealTracs, Inc. (“RealTracs,” “we,” “us,” or “our”) and you as a user of the RealTracs Website and RealTracs Mobile Application (“you,” “your,” or “Client”). By registering for an account or otherwise using or accessing our RealTracs Website and RealTracs Mobile Application, which include, without limitation, all services, software, products, content, features, and functionality provided by RealTracs (collectively, the “Services”), you agree to be bound by this Agreement. You acknowledge and agree that the following terms, conditions, guidelines, covenants, and notices set forth below shall govern your access and use of the Services.

BY ACCESSING OR USING THE SERVICES IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THE REALTRACS WEBSITE OR REALTRACS MOBILE APPLICATION, REGISTERING FOR THE SERVICES, USING ANY INFORMATION AND/OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE SERVICES, YOU AGREE TO AND ARE LEGALLY BOUND BY THIS AGREEMENT, INCLUDING DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, VENUE SELECTION, AND A CHOICE OF TENNESSEE LAW AND ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO OUR PRIVACY POLICY. THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND A JURY WAIVER.
IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU MUST NOT USE OUR SERVICES. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR OLDER AND POSSESS THE LEGAL RIGHT AND ABILITY TO AGREE TO THIS AGREEMENT.

ACKNOWLEDGMENT: YOU ACKNOWLEDGE (A) THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND (B) THAT THIS AGREEMENT HAS THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT.

1. ACCOUNTS AND REGISTRATION

   In order to access certain features of the Services, you may be required to sign in by providing your account credentials (e.g., username and password) to link to an existing account you have created with a third-party service provider including, without limitation, Google, Facebook, or Apple (your “Account Credentials”). When you engage with or sign in to the RealTracs Website and/or the RealTracs Mobile Application, in addition to your Account Credentials you may be providing your name, email address, phone number, and/or other contact information to RealTracs. You certify that you have provided your own contact information and that the information you have provided is accurate. Upon registration and the submission of such contact information, you consent and give permission to be contacted at such email address, phone number, or other method by RealTracs and its partners, including real estate professionals using the Services.

   You are solely responsible for protecting and maintaining the secrecy of your Account Credentials. You shall not allow another person to use your Account Credentials to access the Services. You may only use the Services for transactions on your own behalf. RealTracs will not be responsible or liable for any loss or damage that results from your failure to comply with this security obligation. You are solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions. You agree to immediately notify RealTracs of an unauthorized use of your Account Credentials. Any attempt to obtain unauthorized access, or to exceed authorized access, to the Services shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. RealTracs hereby notifies you that any or all communications with the Services may be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Services in its sole discretion and without further notice.

2. GRANT OF LICENSE; USE OF THE REALTRACS MOBILE APPLICATION
   1. As long as you comply with this Agreement, we grant you a non-exclusive, limited, revocable, personal, non-transferable, non-sublicensable, and non-assignable license to use the Services, and to download and use the App (as defined below) on your mobile device in object code form, for your personal and non-commercial use. Except as expressly stated herein, this Agreement does not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party websites or otherwise.
   2. To use the RealTracs Mobile Application (the “App”), you must have a compatible mobile device. RealTracs does not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for using the App. You agree that you are solely responsible for any applicable charges. We may update any app and may automatically electronically update the version of the App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that this Agreement will apply to all updated versions of the App. Any third-party open source software included in the App is subject to the applicable open source license and may be available directly from the creator under an open source license. This Agreement does not apply to your use of software obtained from a third-party source under an open source license.
   
   
3. SITE CONTENT
   1. Except as otherwise provided by a third party, all content on the Services is © 2021 RealTracs and/or its licensors. The trademarks, service marks, trade names, and logos (collectively, “Trademarks”) used and displayed on the Services are registered and unregistered Trademarks of RealTracs and/or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are Trademarks and/or trade dress of RealTracs and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of RealTracs and/or its licensors. The Services contain copyrighted material, Trademarks, trade dress, and other proprietary content, including but not limited to, text, software, applications, sound, photographs, buttons, images, logos, video, and graphics (the “Content”), and the entire selection, coordination, arrangement, and “look and feel” of the Services and the Content are copyrighted as a collective work under copyright laws (collectively, “Intellectual Property Rights”). Neither this Agreement nor your use of the Services transfers any right, title, or interest in the Services, Content, or Intellectual Property Rights to you. RealTracs and its third-party licensors retain all of our and their respective right, title, and interest to the Services, Content, and Intellectual Property Rights.
   2. Except as expressly provided in this Agreement, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Services, in whole or in part, without the express written permission of RealTracs. You may not “mirror” any Content or information from the Services on any other server without prior written permission from RealTracs. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Services and you agree not to attempt, or permit any third parties, to do the same. Any unauthorized use of any Content contained on the Services may violate copyright laws, trademarks laws, the laws or privacy and publicity, and communications regulations and statutes. You also agree not to permit or to encourage any third party to do any of the same.
   3. The Services are available worldwide to anyone with Internet access; provided that certain functionality may not be available to you depending on where you are located. The Services may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. The Content of the Services is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. You may not use the Services or export the Content in violation of U.S. export laws or regulations. If you access the Services from a location outside of the U.S., you are responsible for compliance with all local laws and regulations.
   4. Certain materials on or features accessible through the Services may be furnished by third parties. For example, you acknowledge and understand that the MLS data provided via the Services is created, entered, and modified by independent agents and brokers who use the Services. Certain service or company designations for companies other than RealTracs may be mentioned on the Services for identification purposes only, such as our partners. Third-party trademarks, trade names, logos, products, or services names contained on the Services are the trademarks, registered or unregistered, of their respective owners.
   5. Nothing contained in this Agreement shall be construed as conferring any other license or right, express or implied, under any of our Intellectual Property Rights or under any third party’s intellectual property rights. Any rights not expressly granted herein are reserved by RealTracs.
   
   
4. CLIENT CONDUCT

   By using the Services, including any Content, you agree that you shall not:
   

   1. delete, modify, hack, or attempt to permanently change or alter any of the Content on the Services; provided that certain comments, changes and updates on listing information and showings, solely pursuant to valid personal communications between Clients and real estate professionals as facilitated by the Services, are permitted;
   2. attempt to access accounts, computer systems, or networks connected to any of our servers or to the Services, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Services;
   3. use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Services or servers or networks connected to the Services, or take any other action that interferes with administration, security, and/or operation of the Services or other parties’ use of the Services;
   4. use any robot, spider, or other automatic or manual device or process for the purpose of obtaining, harvesting, or compiling information (including screen or database scraping) from the Services for purposes other than for a generally available search engine;
   5. use any of our or our licensors’ or partners’ names, service marks, logos, or trademarks without prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
   6. remove or modify any copyright or other intellectual property notices that appear in the Services;
   7. use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
   8. transmit or upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
   9. manipulate or otherwise display the Services or portions thereof by using framing or similar navigational technology;
   10. probe, scan, or test the vulnerability of the Services or any network connected thereto;
   11. misrepresent your identity, provide false or misleading information, impersonate another person or entity, misrepresent your affiliation with any entity, or attempt to use another user’s or an administrator’s account;
   12. provide, post, or authorize a link to any of the Services from a third-party website that is not a real-estate related website owned or operated by a real estate or lending professional or institution;
   13. breach any contractual or confidentiality obligations or violate the privacy rights of others;
   14. use the Services for or in connection with any illegal, unlawful or immoral conduct or purpose, including without limitation to publish, transmit or otherwise disseminate pornographic, sexually explicit or violent content;
   15. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party; or
   16. attempt, or permit or encourage any third party, to do any of the above.

   You acknowledge that RealTracs has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with this Agreement, or to comply with applicable law.



5. PERMISSIBLE USE

   Subject to the terms contained in this Agreement and your compliance therewith, RealTracs grants you a non-exclusive, limited, revocable, personal, non-transferable, non-sublicensable, and non-assignable license to use the Services for your personal use. You agree to use the Services in compliance with all applicable federal, state, and local laws, rules, and regulations.

   Except as indicated to the contrary elsewhere on the Services, you may view, copy, retransmit, and print the Content available on the Services subject to the following conditions:

   1. you may only use the Content for personal, informational, or non-commercial purposes;
   2. you may not provide, sell, license, or lease the Content for any fee or other consideration;
   3. you must ensure all copyright, Trademark, and other proprietary rights notices included in the Content as presented on the Services appear on all copies;
   4. you may not modify or alter the Content in any way, except as expressly permitted in this Agreement; and
   5. you may not use any graphics separately from accompanying text.

   Except as expressly stated herein, this Agreement does not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party websites or otherwise.

6. CLIENT CONTENT

   To the extent that you post, upload, input, submit, or otherwise transmit (collectively, “Post” or “Posting”) any text, images, photos, video, data, information and/or other materials through the Services (collectively, the “Client Content”) you agree to provide true, accurate, and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. All Posting of Client Content is your sole and exclusive responsibility. RealTracs merely provides a forum for the transmission and dissemination of Client Content. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISK RELATED TO THE USE AND TRANSMISSION OF THE CLIENT CONTENT. REALTRACS SHALL HAVE NO RESPONSIBILITY WITH RESPECT TO THE RESULTS OF ANY ACTIONS YOU OR ANY THIRD PARTY MAY TAKE BASED ON THE CLIENT CONTENT. Under no circumstances will RealTracs be liable in any way for the Client Content or for any loss or damage of any kind incurred as a result of the use of any Client Content provided, transmitted or otherwise made available on the Services.

   You acknowledge that RealTracs does not pre-screen or approve any Client Content and has no obligation to monitor any Client Content. However, RealTracs reserves the right to review, modify, distribute, remove, or delete any Client Content at its discretion. RealTracs reserves the right at all times to disclose any information as RealTracs deems 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, in our sole discretion. If notified by a Client that Client Content allegedly does not conform with this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove that Client Content, which we reserve the right to do so at any time and without notice. For more information on our handling of infringing content, please see Section 14 below.

   By Posting Client Content to the Services, you grant, and you represent and warrant that you have the right to grant, to RealTracs an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display, and distribute the Client Content and to prepare derivative works of, or incorporate into other works, the Client Content, and to grant and authorize sublicenses of the foregoing. We will not pay you for your Client Content or to exercise any rights related to your Client Content set forth in the preceding sentence. Furthermore, by Posting any Client Content to any public area of the Services, you grant RealTracs all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Client Content on the Services by any party for any purpose. To the extent we are provided with client contact information by agents who have entered such client contact information into the RealTracs Website and/or the RealTracs Mobile Application, we will only use that information in the course of providing our Services and will not utilize such contact information for any other purpose, unless that client contact information is otherwise provided to us directly by the client.

   You agree that you will not use the Services to intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law, including the Civil Rights Acts of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act. You further agree that you will not use the Services to Post any Client Content that:

   1. is not related to appropriate subject matters;
   2. is misleading to others, including consumers;
   3. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
   4. is content to which you do not have a right to Post under any law or under contractual relationships;
   5. consists of content that constitutes the infringement of any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or
   6. consists of any other materials that contain 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.

7. FEEDBACK

   RealTracs may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its products, services and the Services (“Feedback”). You agree that RealTracs may, in its sole discretion, use the Feedback you provide to RealTracs in any way, including in future modifications of the Services or in other RealTracs products or services. You hereby grant RealTracs a perpetual, worldwide, irrevocable, fully paid, royalty-free, sub-licensable and transferable license to use, modify, create derivative works from, distribute, display, and otherwise exploit the Feedback for any purpose.



8. LINKED SITES; THIRD-PARTY CONTENT

   As a convenience to you, the Services may provide links to websites and access to content, products, and services of third parties, including our affiliates, strategic partners, and other entities with which our connection consists of only a hyperlink (“Linked Sites”). All Linked Sites are provided only because they may be of interest to users of the Services or offer a service for your convenience. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content, products, or services.

   The Linked Sites may include functionality that allows for the distribution of your Client Content or your personal information (collectively, your “Client Information”) to third parties not under our control (each, a “Third-Party Provider”). You are responsible for your use and submission of Client Information to any Third-Party Provider, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. By using a tool that allows for Client Information to be transferred, you agree that we may transfer the applicable Client Information or other information to the applicable Third-Party Provider(s). If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive communications from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form.

   You should refer to the separate terms of use, privacy policies, and other rules posted on a Linked Site before you use them. RealTracs does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on the Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by RealTracs, or vice-versa; (b) third-party content accessible through the Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Sites; or (d) your dealings with any third parties found on or through the Services. You acknowledge and agree that RealTracs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available at the Linked Sites. You bear all risk associated with the use of the Linked Sites, third-party services, and your correspondence or business dealings with advertisers other than us found on or through the Services.

   RealTracs does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on the Linked Sites or any other Internet sites. We reserve the right to terminate such links at any time.



9. CERTAIN THIRD-PARTY SERVICES

   As part of the Services, you may be connected with a real estate professional. You acknowledge that RealTracs itself is not a real estate broker, mortgage broker or mortgage lender, and RealTracs does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate, or make loans secured by liens on real property. As part of the Services, you may be connected to a party that provides mortgage loan origination services, title and escrow services, or other settlement services. In providing the Services, RealTracs may provide advertising services and services to facilitate the connection between you and a real estate or mortgage professional and we may receive a financial or other benefit arising out of such marketing services (including, for example, per ad click fee).

   If you choose to contact a non-affiliated bank, mortgage lender, financial institution, mortgage loan originator, loan broker, or other mortgage professional through the Services by filling out a contact or other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for mortgage rate quotes) on the Services, you authorize RealTracs to provide the information you submit to the Third-Party Provider. If you include your name, contact information, and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. In the case of non-affiliated financial products, RealTracs is only providing an administrative service to consumers and participating Third-Party Providers. Loan approval standards are established and maintained solely by individual Third-Party Providers. Decisions in any related non-affiliated transactions are made by participating Third-Party Providers and are not made by RealTracs, and RealTracs is not responsible for the underwriting activities or credit decisions of any Third-Party Provider. Any non-binding quotes provided by RealTracs for Third-Party Providers’ financial products are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act or the Truth in Lending Act or otherwise serve as a disclosure of any specific loan terms or conditions under any state or federal law. Interest rates displayed through the Services are for informational purposes only and reflect non-binding quotes of the terms a Third-Party Provider might offer an applicant fitting a consumer’s anonymous profile. Actual interest rates may vary. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. Except as set forth in this Agreement or as otherwise disclosed to you, RealTracs: (a) is not a Third-Party Provider, loan originator, loan processor, or underwriter; (b) does not aid or assist applicants in obtaining loans, solicit applicants or Third-Party Providers for loans, or offer or negotiate terms of applications or loans; (c) does not take mortgage applications, make loans or credit decisions, or prequalify or preapprove applicants for loans; (d) is not an agent of either any consumer or any Third-Party Provider; (e) does not endorse, refer, or recommend any Third-Party Provider that pays RealTracs or the products of any Third-Party Provider that pays RealTracs; (f) is not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.

   If you choose to submit your information in order to submit a background or credit check, you acknowledge and agree that RealTracs does not process, or store background or credit check information related to any rental products on the Services, and we do not control how a landlord uses background or credit check information in evaluating their applications. RealTracs does not guarantee any acceptance by a landlord of an application, but we do require all landlords using the Services to comply with the Fair Housing Act and other applicable laws.



10. NOTICE TO APPLE USERS

    If you are using the App on an iOS device, the terms of this Section 10 apply. You acknowledge that this Agreement is between you and RealTracs only, not with Apple, and Apple is not responsible for the Services. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or other similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of Section 10 of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 10 of this Agreement against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1, Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.



11. MODIFICATION AND/OR TERMINATION OF THIS AGREEMENT; DEACTIVATION

    RealTracs may change, modify, add, and/or delete all or portions of this Agreement from time to time by posting an updated Agreement on the Services, which shall apply to your use of the Services after such modifications have been posted. Please review this Agreement periodically for any updates or changes. If you object to any provision of this Agreement or any subsequent modifications to this Agreement, your only recourse is to immediately terminate use of the Services.

    RealTracs reserves the right, at any time, to modify or terminate your access to the Services or portions of the Services, at any time, temporarily or permanently, with or without notice to you, for any reason, and is not obligated to support or update the Services. This Agreement shall survive any termination. We also may impose limits on certain features and services, restrict your access to parts or the entirety of a Site, or charge fees for access to portions of the Services without notice or liability. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Services or portions of the Services.

    If you have created an account with RealTracs, you may deactivate your account and/or delete your account and all of your account data by following the instructions available at our page “Unlinking Your Account From RealTracs.” You can also contact us for assistance at support@realtracs.com.



12. YOUR PRIVACY

    RealTracs will treat any information it collects or receives from you through the Services in accordance with its online Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. Please review the Privacy Policy before you use the Services. By using, accessing, and/or registering for the RealTracs Website or the RealTracs Mobile Application, you consent to all actions taken by RealTracs with respect to your information in compliance with the Privacy Policy. For example, by using the Services you consent to receiving electronic and SMS text message communications from RealTracs as further described in the Privacy Policy. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Services.



13. CONSENT TO COMMUNICATIONS

    By submitting a “Contact Us” form or communicating with a real estate professional via the Services, you agree that RealTracs and our affiliates and real estate professionals may communicate with you via telephone call or SMS text message about your inquiry, which may involve use of automated means and prerecorded/artificial voices. You do not need to submit a form or communicate with a real estate professional as a condition of buying any property, goods, or otherwise using the Services. Message/data rates may apply.

    The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with RealTracs or third parties, such as real estate agents and Third-Party Providers. RealTracs does not endorse any real estate professionals. We may share information about your recent and future site activity with your agent to help them understand what you are looking for in a home. Communications through these methods may be routed through a third-party service (“Communications Service”). Calls may be recorded or monitored for quality assurance, training, or customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring by RealTracs or the Communications Service. We also use the Communications Service to track phone calls and text messages between you and real estate professionals so that we and the real estate professional can access certain details about the contact. As part of this process, we and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by us and the Communications Service. The information is subject to the Privacy Policy.



14. COPYRIGHT INFRINGEMENT

    RealTracs and the Services follow the safe harbor provisions of 17 USC § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). If you believe that information or content on the Services infringes on your copyright, please visit our DMCA Policy for further instructions.



15. TYPOGRAPHICAL ERRORS

    Our goal is to provide complete, accurate, and up-to-date information on the Services. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Services may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. RealTracs therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.



16. EXCLUSION OF OTHER WARRANTIES

    No employee, agent, representative, or affiliate of RealTracs has authority to bind RealTracs to any oral representations or warranty concerning the Services. Any written representation or warranty not expressly contained in this Agreement will not be enforceable.



17. DISCLAIMER; LIMITATION OF LIABILITY

    YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REALTRACS IS LICENSING THE SERVICES AND ALL CONTENT ON AN “AS-IS,” “AS-AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SERVICES, CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SERVICES. REALTRACS DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY, OR ANY WARRANTIES CONCERNING THE COMPLETENESS OR ACCURACY (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL ERRORS AND OMISSIONS) OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICES OR OTHERWISE FROM REALTRACS, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. IN ADDITION, REALTRACS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. REALTRACS DOES NOT WARRANT THAT THE SERVICES WILL BE OPERATIONAL, UNINTERRUPTED, SECURE, ERROR-FREE, OR VIRUS-FREE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SERVICES AND/OR ANY CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THE SERVICES.

    YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. REALTRACS DOES NOT WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

    THE AGGREGATE LIABILITY OF REALTRACS AND/OR ITS LICENSORS AND ANY OF THEIR AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE SERVICES, OR OTHERWISE UNDER THIS AGREEMENT, INCLUDING RELIANCE BY CLIENT ON ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICES; MISTAKES, OMISSIONS, DELETIONS, OR DELAYS IN TRANSMISSION OF SUCH INFORMATION; INTERRUPTIONS IN DATA CONNECTIONS TO THE SERVICES; AND VIRUSES OR FAILURES OF PERFORMANCE; WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, DATA CONNECTION FAILURE, OR THEFT OF, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO SERVICES AND RELATED INFORMATION, RECORDS, AND PROGRAMS, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. YOU HEREBY WAIVE ANY SUCH PROVISION IN LAW, REGULATION, OR CODE THAT HAS SUCH INTENT OR EFFECT.

    IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THIS AGREEMENT, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.



18. INDEMNITY

    You agree to indemnify and hold harmless RealTracs, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees, and agents, and, at our sole election, defend the foregoing, from any claim, demand, liability, dispute, damage, cost, expense, or loss, (including reasonable attorneys’ fees and fees of other professionals) and costs of litigation, arising out of or in any way related to your use of or access to the Services, your use of the Content, your violation of this Agreement, or your violation of any rights of a third party.



19. LIMITATION ON ACTIONS

    You agree that any claim, dispute, or cause of action arising out of this Agreement or your use of the Services must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by RealTracs to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.



20. DISPUTE RESOLUTION

    You agree that any dispute arising out of or relating in any way to your use of the Services requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, RealTracs may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in the State of Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to this Agreement, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

    BECAUSE THE USE OF THE SERVICES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

    The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee, or to any federal court located within the State of Tennessee for any action. (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section 20 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts having jurisdiction over the State of Tennessee.

21. GENERAL

    If any provision in this Agreement is found to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect. Our failure to act with respect to a breach by any visitor using the Services does not constitute a waiver of its right to act with respect to subsequent or similar breaches. This Agreement will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice-of-law provisions. In the event of any conflict between foreign laws, rules, and regulations and those of the United States, the laws, rules and regulations of the United States will govern. RealTracs may assign its rights and duties under this Agreement without notice to you. You may not assign this Agreement, in whole or in part, without our prior written consent, and any assignment in contravention of the foregoing shall be null and void. This Agreement, as posted from time to time on the Services, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in this Agreement and supersede all prior understandings and agreements, whether written or oral, as to the subject matter.

22. CONTACT INFORMATION

    If you have any questions about this Agreement, the practices of RealTracs, or your dealings with the Services, please contact us at support@realtracs.com. You may also contact us to update your personal information by notifying us when you change your name or email address.

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