Terms of Use MILITARY FOR SALE BY OWNER TERMS OF USE AGREEMENT Agreement Between You and MILITARY FOR SALE BY OWNER. IMPORTANT: The following terms and conditions apply to all Users of the Military For Sale By Owner® website. Please read these Terms of Use Agreement and Privacy Policy before using this website or submitting personal information that could identify you (including but not limited to name, address, phone number, email address, etc.). By accessing this website, the user is manifesting his or her intent to agree with the Terms and Conditions OF THIS Agreement and Privacy Policy. If you do not agree with the terms of use agreement and the privacy policy, do not use this website. You understand, agree and acknowledge that your use and the services provided to you by Military For Sale By Owner® are exclusively governed by these Terms which cannot be modified by you. As used on the website, and in this agreement, the By accessing this website (i.e., the “Website” or “Site”) or by utilizing any of the services or features appearing on this Site as a licensed user thereof (the “User”, hereinafter identified as “you”) you hereby accept and agree to be bound by the following terms and conditions: 1. You understand that access to and use of the Site, including the services and features therein, are at your own risk. You further agree that neither the owner of the Site, Military For Sale by Owner (the “Company”) the Company’s owners and affiliates (hereinafter identified as “We” or “Us”), nor the web designer(s), internet hosting services, sponsors, partners or advertisers, of the Site will be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of access to or use of the Site. You understand that all of the information appearing on this Site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. 2. All listing information, including, but not limited to, company name, address, contact information (including telephone and fax numbers, e-mail and web addresses, etc.), but excluding login username and password, credit card and certain other information, are all available for public viewing. We actively promote and invite the public to view these listings. Therefore, you should expect to be contacted by various parties including, but not limited to, parties looking for space, parties with available space, real estate brokers, salespeople and vendors for various types of products and services ... By posting a listing on our site, you are giving us permission and agreeing to be contacted by us and by anyone else who may publicly view your listing. You may delete your listing at any time by e-mailing us with your listing id. 3. We do not guarantee the accuracy of the listings or other information appearing on the Site, and such information is subject to errors, omissions, changes in price, prior sales, rentals, and withdrawals without notice. Furthermore, any listing appearing on the Site is for informational purposes only and does not constitute an offer to sell or lease. 4. We do not warrant or make any representations of any kind or nature with respect to the information contained in the Site and you are solely responsible for compliance with any applicable real estate laws or other applicable state or federal regulations. It is your responsibility to independently verify any statement made within any listing and to consult with such engineering, architectural, legal or other professionals as may be appropriate to determine the condition and suitability of any particular property for the purpose which you or a client, customer, or other person or entity intend to use it. 5. We do not warrant or make any representations of any kind or nature as to the following: (a) the character or credit worthiness of those who (i) browse and/or utilize the listings appearing on our Site; (ii) place listings on our Site; or (b) the suitability for any particular purpose, compliance with applicable zoning, environmental or any other laws, quality of space and/or services to be provided pursuant to listings appearing on our Site. 6. We are not in control of nor responsible for content appearing on third party sites which are linked to the Site, nor shall we have any responsibility for any incentives (regardless of form) that may be offered by anyone other than by us in connection with a particular listing. You agree to look solely to the third party offering such incentive to fulfill its agreement with you and you hereby agree to indemnify and hold us harmless and to release us from any liability whatsoever in connection with any third-party incentive offer. 7. We shall not be responsible or liable for any damage caused to your computer, or for viruses which may affect your computer as a result of accessing the Site or utilizing any of the services or features which appear therein, and by your signature hereto you hereby waive any such liability. 8. As a condition of your use of the Site, you agree that you will not (a) restrict or attempt to restrict others from using the services or features appearing on the Site, in whole or in part, or (b) post or transmit any of the following to the Site: (i) pornographic, sexually explicit photographs or language, including expletives and other obscenities or otherwise unlawful material; (ii) information which violates the rights of others; (iii) information, software or other digital communication which contains a virus or other damaging or disruptive component; or (iv) any advertising or promotional materials. 9. We may revise the terms and conditions of this Agreement at any time and you shall be bound by such revisions upon the posting thereof on the Site. Therefore, we urge you to regularly review this Website Agreement, at the Site, for any changes. You agree to indemnify, defend and hold us harmless against any and all claims, damages, costs or other expenses arising out of your violation of any of the terms and conditions herein, or your negligent use or willful misuse of the Site. 10. We own all rights in and to the Site, including all of the information therein. We also, where applicable, have obtained the proper licenses to use certain material. Except for your limited right to view certain proprietary and copyrighted content appearing on the Site, no express or implied license is otherwise granted to you in connection with use of the Site. Any unauthorized use of the Site or any copying or reproduction of the material appearing on the Site in whole or in part is prohibited. You are solely responsible for complying with all applicable U.S. and international intellectual property laws in connection with the Site and its content. 11. The features and programs of the Site were created for the benefit of the military community to assist and find real estate services. All listings on the Site are subject to the Fair Housing Act, as amended from time to time (the “Act”). Advertisers of homes on the Site understand that Military families as well as other members in the community may inquire about home advertisements, and agree to abide by all applicable provisions of the Act. 12. Website visitors can contact advertisers/members only for the purpose of obtaining information and services regarding real estate. Any soliciting for other products or services as a part of our Military Realty Network of advertisers and/or members of the Site is not authorized. 13. This Agreement is effective until terminated by us, which termination may occur at any time without notice if we believe, in our sole discretion, that you have violated any of the terms herein. Upon termination of this Agreement, you hereby agree to destroy immediately all information, including all copies, which have been obtained or reproduced in any way from the Site, and you acknowledge and agree that upon such termination you will no longer be authorized to access the Site or to use any of the services or features thereon 14. The information and materials appearing on the Site are confidential, proprietary, and subject to copyright laws. Any unauthorized use thereof may cause the violator to be liable for direct, consequential or punitive damages arising from such unauthorized use. 15. Payment Payment may be by credit card or check through the PayPal website. 16. ANTI –SPAM PROVISIONS AND OTHER UNSOLICITED COMMUNICATION Military For Sale By Owner does not condone or allow spam. You agree not to use the Services offered by us to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Users of the system agree not to do the following list of prohibited activities that include but are not limited to: a. Violate any local, state, national or international Spam Laws; b. Send unsolicited commercial or other emails having large attachments to a single recipient; collecting responses from mass unsolicited e-mail messages or generating excessive amounts of Internet traffic using the system or any account; c. Relay or transmit multiple electronic email messages or transmit multiple electronic email messages with the intent to deceive or mislead recipients or register for advertising using information that materially falsifies the identity of the actual advertiser; d. Harass, stalk, harm another individual using Military For Sale By Owner services, communicate with an individual after being advised to cease communication, make false or unverified complaints against another User; e. Collect, harvest or store personal data about other users on the website including but not limited to email addresses, homeowners address, phone numbers or contact sellers for any purpose other than responding to the content posted by such sellers; f. You may not misrepresent your affiliation with a person or entity; or impersonate a user of the website. g. You may not interfere with or disrupt the services provided by Military For Sale by Owner or the servers or network connected to Military For Sale by Owner or disobey any requirements, procedures, policies or regulation of networks connected to the Military For Sale by Owner website; h. Commit tortuous or otherwise wrongful acts, including without limitation, by posting, e-mailing, submitting, storing or otherwise transmitting (a) any content that is unlawful, harmful threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable material of any kind; (b) any material that is invasive of another’s privacy or any material that exploits children; (c) content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (d) content that infringes the intellectual property rights of a third party; or (e) material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functions of any computer software, hardware or telecommunications equipment; (f) unsolicited advertising material, notice of “spam”, “junk mail”, pyramid schemes, chain letters or the like, whether or not the recipient wishes to receive such mailings; (g) surveys that have not been approved or cleared by Military For Sale by Owner; or (h) contests or games of chance. i. Engage in any activity that would subject us or our service providers to civil or criminal liability. 17. Refund Policy We DO NOT pro-rate advertising. We will refund the advertising fee if your home has not sold or rented and you are dissatisfied with the presentation of the advertisement. You must provide written notice to Military For Sale By Owner within three days of your ad going online that you are dissatisfied. You must give Military For Sale By Owner a reasonable opportunity to make appropriate commercially reasonable adjustments to the advertisement before a refund will be considered. The undersigned (a) hereby agrees to the above User Terms and Conditions; (b) acknowledges that a violation of these User Terms and Conditions will cause termination of the License; and (c) has signed the Website User Agreement electronically using the procedures requestes.