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Welcome to YBRS Realty, Inc. and ListHomeFlatFee.com Inc. (hereinafter, “Company” or “us” “our” or “we”). By using our websites, networks, mobile applications, or other services provided by us (collectively, the “Services”), or accessing any content provided by us through the Services, you agree to be bound by the following terms of use, as updated from time to time (the “Terms of Use”). These Terms of Use are a legally binding contract between you and Company. If you do not agree to all of the terms and conditions set forth in these Terms of Use, you may not use the Services.

Company Role
While we may assist you in performing various tasks related to the Services, unless we have a listing agreement or brokerage agreement with you, the Services are not intended to provide you with any financial, real estate, or related advice.

Listings
We reserve the right to refuse any listing agreement or brokerage representation of you. Your use of our Services does not create a brokerage agreement with us.

Vendors
If you are a vendor providing real estate related services, you agree to not accept direct payments from users introduced to you via ListHomeFlatFee.com or their referrals.

Advertising
You understand and agree that the Services may include advertisements and that these are necessary to support Company’s provision of the Services. To help make the advertisements relevant and useful to you, we may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Policy for more details.

Eligibility
You must be at least 18 years of age to use the Services. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your use of the Services is in compliance with all applicable laws and regulations.

Use of the Services; Restrictions
As long as you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any app we may provide in connection with the Services on your mobile device in object code form, for your personal use. If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients. If you use the Services in a professional capacity, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as may be expressly stated herein, these Terms of Use do 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.

Use of Content
Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services without the aid of any automated processes and only as necessary for your personal or professional use to view, save, print, fax and/or e-mail such information. You are prohibited from otherwise displaying any Company-provided data without our prior written approval.

Prohibited Use
BY USING THE SERVICES, YOU AGREE NOT TO: reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services; remove or modify any copyright or other intellectual property notices that appear in the Services; use the Services in any way that is unlawful or harms us or our service providers, suppliers, affiliates, or any other user; use the Services in any way to discriminate against any individual or class of individuals protected under federal, state or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist or discriminatory activities or outcomes; distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services; impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses; reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by us for a particular portion of the Services.

Generally
The Services may include links to third-party products, services, and websites, as well as materials provided by third parties. You are responsible for your use and submission of any information to any third party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. We do not endorse, and take no responsibility for such products, services, websites, and materials, or a third-party’s use of your information. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with third parties.

Listings
The Services may include website and MLS listings. You understand that the listing dates and expiration dates thereof may be different and that changes to property listing information, cancellation or removal of a listing by Company may be independent of changes to property information, cancellation or removal of the listing on the MLS. Listings may appear on the MLS for a period after de-activation of a listing by Company on the Services.

Intellectual Property
With the exception of any user or third-party content, copyrights and other intellectual property rights in the Services, including without limitation Service design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Company, with all rights reserved, or in some cases may be licensed to Company by third parties. YBRS Realty, ListHomeFlatFee.com, and certain other trademarks or service marks featured on our Services, are trademarks or service marks of Company, and may not be used without our express written permission. All other marks displayed on the Service are those of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Company. If you find content on one of our Services which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact us in writing by providing a signed statement containing the following information: (i) your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner; (ii) a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner; (iii) a detailed description of the copyrighted work or other intellectual property that you claim has been infringed; (iv) if your claim is based on a registered work, the registration number, and the date of issuance of the registration; (v) a description of the infringing material and the URL where such material is located on the Service, or a description of where on our Service you found such material; (vi) your written statement that you believe, in good faith, that the use of the work on our Service has not been authorized by the true owner of the work, its agent, or as a matter of law; and (vii) a statement under penalty of perjury that all of the information you have provided is true.

Please send your notice of alleged infringement to: Legal Counsel, YBRS Realty, Inc. 8022 Monticello Avenue, Skokie, Illinois, or email: sales@ybrsrealty.com. In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of Company to terminate use of our Services by repeat infringers in appropriate circumstances.

Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS RELATED ENTITIES, ITS CONTENT AND SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OUR SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

Governing Law
Company is located in Skokie, Illinois. As such, the laws of Illinois and the United States will govern these Terms of Use and any claims arising out of or relating to use of the Services, without giving effect to any choice of law rules. We make no representation that our Services are appropriate, legal or available for use outside of the United States. The state and federal courts located in Cook County, Illinois will serve as the venue for any actions brought, or claims made, arising out of your use of our Services.

Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

Changes to these Terms
We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Services, without further notice to you. Your continued use of any of our Services after such modifications are posted constitutes an acknowledgment and acceptance of such modifications, and you may not amend these Terms of Use.

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