WEB4REALTY SUBSCRIBER TERMS

1. Subscriber Terms

Welcome to the Web4Realty User Terms. This is an agreement (“Agreement”) between Deckspire Inc. (d/b/a “Web4Realty”) the owner and operator of the website https://web4realty.com and the Web4Realty software, application, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, or “Subscriber”), a Subscriber of the Platform. In addition to this Agreement, all Subscribers must agree to the Web4Realty User Terms (“User Terms”) and are subject to all portions of the Web4Realty User Terms. Where this Agreement and the User Terms directly conflict, this Agreement shall control. This Agreement is incorporated into the User Terms and forms one in the same agreement for all Users that are Subscribers of the Platform. Throughout this Agreement, the words “Web4Realty,” “us,” “we,” and “our,” refer to our company, Web4Realty, as is appropriate in the context of the use of the words.

By clicking “I agree”, subscribing to the Platform, and accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Subscriber Terms or the Privacy Policy and may notify you when we do so. If you do not agree to the Subscriber Terms or the Privacy Policy please cease using our Platform immediately. Where any capitalized terms are undefined in this Agreement, they shall have the meanings as set forth in the Web4Realty User Terms.

2. Subscriber Accounts

A Subscriber may create an account as permitted under this Agreement and Subscriber may also create an account on behalf of Subscriber’s business or organization. Subscriber shall be required to designate any authorized users that it has permitted to access the Platform. The Platform may also allow Subscriber to provide access to its authorized users that will use the Platform services. Subscriber agrees that it is solely responsible for all actions of any authorized user using the Platform and agrees that all authorized users shall comply and agree with the User Terms. Subscriber shall indemnify Web4Realty for any damages arising from an authorized user’s use of the Platform.

3. Platform

After registering and properly subscribing to the Platform, where required, we shall grant you access to the Platform in accordance with this Agreement. You may use the Platform solely as permitted and provided for by Web4Realty and in compliance with all applicable laws. Use of the Platform is solely for your own internal commercial purposes and that of your authorized users. Please be aware that all portions of the Platform are offered on an “as is” basis and Web4Realty makes no representations or warranties regarding any portion of the Platform. Web4Realty reserves the right to modify, change, and/or discontinue any and all portions of the Platform at any time and may also remove or add features or functionality to any subscription levels at its sole discretion. Nothing in this Agreement obligates Web4Realty to make any previously available feature on the Platform available to Subscriber or offer any types of compatibility or versioning. If you breach this Agreement, your access to use our Platform may be terminated at our discretion. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct.

4. Subscriber Responsibilities

Subscriber represents and warrants that: (1) Subscriber shall use the Platform solely for Subscriber’s internal commercial purposes in accordance with this Agreement and the User Terms and is duly licensed where required; (2) the person entering into this Agreement on behalf of Subscriber is duly authorized and has the power and authority to enter into this Agreement and bind Subscriber; (3) any Subscriber User Content posted or any services offered shall be in a professional and diligent manner in accordance with industry best practices and standards; (4) any Subscriber User Content posted on the Platform by Subscriber does not violate any third party agreements; and (5) Subscriber shall use the Platform only for legal and lawful purposes and agrees to abide by all laws of its local jurisdiction when using the Platform including but not limited to laws relating to spam, marketing, and email. Subscriber shall indemnify and hold Web4Realty harmless for a breach of any provisions of this section. Where you have violated this Agreement or the User Terms we reserve the right to release your information to law enforcement in order to assist with any investigation at our discretion. Where required, Subscriber shall clearly post a Privacy Policy (in compliance with the laws of Subscriber’s local jurisdiction) prior to collecting any information and shall disclose to its authorized users how such personal information may be shared with third parties.

5. Subscriber’s Authorized Users

Subscriber is solely liable for any agreements entered into with any authorized users that Subscriber permits to access or use the Platform. SUBSCRIBER AGREES TO HOLD WEB4REALTY FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF SUBSCRIBER’S ACCESS TO THE PLATFORM OR SUBSCRIBER’S INTERACTIONS WITH OTHER USERS. Any opinions, advice, or information expressed by any Subscriber are those of the individual and the individual alone and they do not reflect the opinions of Web4Realty.

6. Subscriber User Content

Any User Content submitted by a Subscriber, shall be defined as “Subscriber User Content” and shall be subject to all User Content obligations set forth within this Agreement and the User Terms. Subscriber is solely responsible for any Subscriber User Content submitted to the Platform. Subscriber represents and warrants the following: (1) Subscriber owns or has properly licensed all Subscriber User Content provided; (2) the Subscriber User Content does not and will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; (3) the Subscriber User Content offered does not violate any US state or federal laws or any third party agreements; (4) Subscriber has the unencumbered ownership of all rights or has properly licensed and paid for any rights necessary to the Subscriber User Content; (5) Subscriber has the absolute right to grant to Web4Realty, all rights, licenses and privileges granted to or vested in Web4Realty under this Agreement; (6) Subscriber has obtained all clearances and paid all monies necessary for Web4Realty to exercise the license granted herein and there will not be any other rights to be cleared or any payments required to be made by Web4Realty as a result of any use of the Subscriber User Content; and (7) All of the individuals and entities connected with the production of the Subscriber User Content, and all of the individuals and entities whose names, voices, photographs, likenesses, appearance, works, services and other materials appear or have been used in the Subscriber User Content, have authorized and approved Subscriber’s use thereof, and Web4Realty shall have the right to use all names, voices, photographs, likenesses, appearance and performances contained in the Subscriber User Content in connection with the exploitation and use of the license granted within this Agreement

7. Monitoring Subscriber User Content

Web4Realty shall have the right, but not the obligation, to monitor all Subscriber User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Web4Realty shall have the right, but not the obligation, to remove or disable access to any Subscriber User Content at its sole discretion.

8. Subscriber User Content Storage

Web4Realty at its discretion may offer reasonable amounts of storage for any User Content submitted by Subscriber. Where any Subscriber exceeds our storage capacity limits, we reserve the right to charge Subscriber for such excess storage or terminate this Agreement at our discretion. Please be aware that we have no obligation to offer any storage of any Subscriber User Content and may change our policies related to Subscriber User Content storage limits at our discretion. We reserve the right to discontinue storage or modify any pricing, services, policies, or terms related to Subscriber User Content storage on our Platform (at any time). Please be aware that we make no guarantees about any Subscriber User Content stored on the Platform and Subscriber releases us from all liability related to any Subscriber User Content stored on the Platform. Specifically, we do not guarantee that Subscriber’s User Content will remain available, secure, accessible, or complete and some or all of Subscriber’s User Content may be deleted. Web4Realty shall have no obligation to keep or make available any Subscriber User Content after a termination of Subscriber’s subscription to the Platform and shall have no obligation to assist in migrating such Subscriber User Content.

9. Subscriber Payments

Subscriber agrees to pay for all costs, fees, and taxes listed when purchasing access to the Platform including any recurring subscriptions. Where Subscriber has properly paid for a subscription we shall grant Subscriber access to the Web4Realty Platform. In addition, Subscriber agrees to timely pay any and all fees as charged. Subscriber may upgrade or downgrade its subscription at any time. Web4Realty uses a third party payment processor and where applicable, Subscriber must agree to our third party payment processors’ terms and conditions for processing payments. We reserve the right to change our third party payment processor at our discretion. All prices are listed in the currency as stated at the time of purchase. All information that you provide in connection with a payment or transaction must be accurate, complete, and current. Where Subscriber has failed to pay or where payments are overdue, Web4Realty may suspend or terminate Subscriber’s access to the paid portions of the Platform, without liability to us.

10. Automatic Payment and Renewal

Where a Subscriber has purchased a subscription, Subscriber’s payment information shall be logged for Subscriber’s convenience. IF SUBSCRIBER’S ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, WEB4REALTY MAY CHARGE SUBSCRIBER AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS SUBSCRIBER NOTIFIES US THAT SUBSCRIBER WANTS TO CANCEL SUBSCRIBER’S AUTOMATIC PAYMENT VIA SUBSCRIBER’S ACCOUNT DASHBOARD. ADDITIONALLY, SUBSCRIBER AUTHORIZES US TO BILL SUBSCRIBER ON A RECURRING BASIS AND AGREES THAT SUBSCRIBER’S SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS SUBSCRIBER’S INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. SUBSCRIBER AGREES THAT NO ADDITIONAL CONSENT IS REQUIRED BY SUBSCRIBER TO CHARGE SUBSCRIBER’S PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.

11. Refunds for Subscription

We want Subscribers to be satisfied with their subscription; however, as we offer free trials Web4Realty cannot offer any refunds at this time. If you feel that you are entitled to a refund for any reason please contact us.

12. Taxes

Where Web4Realty does not charge Subscriber taxes for any payments, Subscriber agrees to pay any and all applicable taxes. Subscriber agrees that Web4Realty cannot and will not provide Subscriber with any tax advice, any such questions should be directed to Subscriber’s tax attorney or other tax professional.

13. Pricing and Price Increases

The pricing for all paid subscriptions is listed on the Web4Realty Platform or within Subscriber’s account. Additionally, Web4Realty may increase the price of any paid subscriptions or Web4Realty fees charged, at our discretion and we reserve the right to do so at any time. Subscriber agrees that Web4Realty has no obligation to offer any services for the price originally offered to Subscriber at sign up.

14. Free Trials

Web4Realty may offer the Platform on a free trial basis. Web4Realty reserves the right to discontinue or modify any free trials at any time and without liability. Where Subscriber has signed up for a free trial, Subscriber agrees at the expiration of Subscriber’s free trial Subscriber may be automatically charged for any additional usage of the Platform in accordance with Web4Realty’s then current pricing.

15. Subscriber Account Holds

From time to time, Web4Realty may place a hold (“Hold”) on a Subscriber’s account. Some of the reasons that we may place a Hold on Subscriber’s account include but are not limited to the following: (1) if we have reason that Subscriber’s actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If Subscriber has questions about a Hold we may have placed on Subscriber’s account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend Subscriber’s access to the Platform while such Hold is in place.

16. Subscriber Support

Web4Realty may offer Subscribers standard support, in accordance with Web4Realty’s internal policies, when accessing, troubleshooting, or using the Platform. Support for the Platform is offered on an as available basis and where a Subscriber requires any support, Subscriber should contact Web4Realty at [email protected]. Please be aware that Web4Realty reserves the right to charge for any excess support required by Subscriber that is in excess of the standard support offered by Web4Realty.

17. Third Party Integrations

Web4Realty may offer third party integrations or software (“Third Party Integrations”) at its discretion. Where a Third Party Integration is made available through the Platform, Web4Realty does not warrant or endorse any such Third Party Integration. Subscriber uses any Third Party Integration solely at their own risk. All such Third Party Integrations are controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such Third Party Integrations. Subscriber may be required to purchase an additional subscription or otherwise pay for access to any Third Party Integration from the entity that makes such Third Party Integration available. Any issues with the transmission, processing, or storage of any Subscriber User Content by any Third Party Integration is solely to be resolved by and between you and any entity owning such Third Party Software. Web4Realty will not be responsible for any connectivity issues related to any Third Party Integration and the Platform.

18. Additional Purchases

Prior to purchasing a subscription or accessing the Platform, you may be required to purchase at your own expense, a license or access MLS listings or other real estate information (collectively “MLS Software”). In order for the Platform to operate properly your MLS Software license or subscription must be current and ongoing. Web4realty shall not be responsible for any issues related to the access of the Platform where you have failed to maintain an up-to-date and current license or subscription to the MLS Software. The use of the MLS Software is subject to any agreements, terms, conditions, or licenses that are solely entered in by and between you and the owners of such MLS Software (“MLS Owners”). Web4realty is not a party to any agreements entered into between you and such MLS Owners. You agree to abide by all agreements that you may have with MLS Owners when using the Platform and you agree that none of your actions while using the Platform shall violate such agreement or cause Web4realty to violate any applicable agreements with MLS Owners. You represent and warrant that your use of the MLS Software through the Platform is permitted and shall not violate any third party agreements or cause harm to any third parties. You agree to indemnify us for your use of any MLS Software in accordance with the indemnification provisions set forth in the User Terms.

19. Choice of Law

This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in California, USA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded. Additionally, this Agreement is subject to the Dispute provisions as set forth within the User Terms.

20. Termination of Subscription

Subscriber may terminate a portion or cancel its entire subscription at any time via Subscriber’s Web4Realty dashboard or contacting us at support AT web4realty.com. Please be aware that upon termination of Subscriber’s account, access to all or portions of our Platform may be immediately disabled to Subscriber and its authorized users, and any Subscriber User Content stored may not be retained. We may terminate Subscriber’s subscription if we determine that: (1) Subscriber has violated any applicable laws while using our Platform; (2) if Subscriber has violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of Subscriber’s past, current, or future actions may legally harm Web4Realty, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide Subscriber with a timely explanation; however, we are not required to do so.