MLS Deal Finder Terms and Conditions

YOUR — USE OF AUTOMATED EMAILS SENT JOINTLY FROM YOUR CHOSEN REAL ESTATE AGENT and CMABROKER’S MLS DEAL FINDER CONSITUTES YOUR AGREEMENT TO BE BOUNDED BY THESE TERMS AND CONDITIONS OF — USE. The Automated Emails (the “Emails”), including all of its features and content (the “Content”) is a service made available jointly by CMABROKER, LLC and your chosen real estate agent (“Providers”) and all content, information, services provided by the Emails may be used solely under the
following terms and conditions (“Terms of Use”).1. Limitations on Use.1.1 Protected Content. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Emails or the Content. Nor may you use any network monitoring or discovery software to extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Emails or the Content without Providers’ prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Emails, except to the extent permitted above. You may not use or otherwise export or re-export the Emails or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Emails or the Content is prohibited.2. Limitation of Use2.1 No Content Sharing. A (“Client”) is defined as a single person. Under no circumstances may a Client be defined as an entity comprised of more than one individual. You may not forward or share the Emails or the Content with other Clients. It is a breach of this agreement if you knowingly share Emails or the Content with other Clients.

2.2 No Mass Distribution. It is prohibited to broadcast Content to groups of people using email campaigns. You may not send Content to blogs such as blogger, live journal, etc.; hub; social networking groups such as Facebook, MySpace; business networking groups such as MeetUp.com; post Content in your webpage, your company webpage or in anyone webpage; create videos of emails using services like YouTube, etc.; create a podcast, a radio show, a TV show and verbally/graphically communicate the email information to a group of people. All forms of mass reproduction of Emails or the Content are completely prohibited and are a cause of immediate termination of services.

3. Not Legal Advice. Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to the Emails treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on the Emails or materials linked from the Emails is at your own risk.

4. PROPERTY VALUATIONS. ANY AND ALL PROPERTY VALUATIONS ORIGINATING FROM THIS SERVICE ARE AN OPINION OF VALUE OR
COMPARATIVE MARKET ANALYSIS AND SHOULD NOT BE CONSIDERED AN APPRAISAL. CMABROKER makes no representation or warranty regarding the valuation of any real estate or other property.

5. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright or other intellectual property rights. You agree that the Emails and the Content are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

6. Advertisers. The Emails may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Emails is accurate and complies with applicable laws. Providers will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

7. Errors and Corrections. Provides do not represent or warrant that the Emails or the Content will be error- free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Providers do not warrant or represent that the Content available on the Emails will be correct, accurate, timely, or otherwise reliable. Providers may make improvements and/or changes to its features, functionality or Content at any time.

8. Third Party Content. Third party content may appear on the Emails or may be accessible via links from the Emails. Providers shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Emails. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Providers.

9. Attorney Ethics Notice. If you are an attorney participating in any aspect of the Emails, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. Providers disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any chat area on the Emails that you will not offer legal advice, but will only provide general information.

10. DISCLAIMER. THE EMAILS AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING
OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE EMAILS AND THE CONTENT, INCLUDING BUT NOT
LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR
INDIRECTLY ACCESSED THROUGH LINKS IN THE EMAILS, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM,
(C) THE UNAVAILABILITY OF THE EMAILS, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR — USE OF THE EMAILS OR THE CONTENT.

11. LIMITATION OF LIABILITY. PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR — USE OF THE EMAILS, THE CONTENT. PROVIDERS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE — USE OF OR INABILITY TO — USE THE EMAILS OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDERS SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

12. Indemnification. You agree to indemnify, defend and hold harmless Providers, their officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Emails from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you.

13.Third Party Rights. The provisions of paragraphs 10 (Disclaimer), 11 (Limitation of Liability), and 12 (Indemnification) are for the benefit of Providers and their officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Emails. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

14. Unlawful Activity. Providers reserve the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

15. Remedies for Violations. Providers reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use.

16. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of Texas and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

17. Modifications to Terms of Use. Providers reserve the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on the Emails and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Emails after any such changes constitutes your consent to such changes.

18. Standard Term. Unless a different Term is specified in a signed Order Form between You and MLS Deal Finder, the Initial Term of Your subscription to an MLS Deal Finder Service will begin on the submission or execution of Your Order Form and shall continue on a month to month basis until the subscription is terminated as provided for in Article 20.

19. Auto Payment. You authorize regularly scheduled charges to your checking/savings account or credit card. You will be charged every 30 days, for the amount indicated in the subscription plan you signed up for, until tuntil the subscription is terminated as provided for in Article 20.

20. Termination without Cause. Either party may terminate the Subscription Term to an MLS Deal Finder Service by providing thirty (30) days’ prior written notice to the other party.

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