Terms of Use

Last Updated: October 11, 2024

Welcome, and thank you for your interest in Sellona Incorporated ("Sellona,” “us,” “our,” or “we”). These terms of use, together with any documents expressly incorporated by reference (collectively, "Terms of Use") are entered into by and between you and Sellona and govern your access to and use of www.Sellona.com or any networks, mobile applications, or other digital services by Sellona (the “Digital Properties”) and any services available through the Digital Properties (the “Digital Services” together with the “Digital Properties, the “Services”), including any content, functionality accessed through the Services, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, found at https://www.sellona.com/privacy-policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

PLEASE NOTE THAT THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Eligibility; Accounts and Registration. 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 registration and your use of the Services complies with all applicable laws and regulations. If you are agreeing to the Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, “you” and “your” refer to that company or other entity.

2. The Services and Users of the Services

• A. Our Community. Users of our Services include individuals such as prospective homebuyers, home sellers and real estate professionals and other users of the Sellona marketplace (collectively, “Consumers”), and partners and service providers that offer products and services through the Services (collectively, “Experts” and together with Consumers, collectively, the “Users”). Certain of the Services may enable Consumers to interact with Experts and purchase services offered by Experts. The Services also enable Consumers to post real estate listings and real estate wanted ads.
• B. Consumers. As a Customer, you acknowledge that while we use techniques to help verify the identity of Experts when they register on our Digital Properties, we do not guarantee each Expert’s identity, capabilities, that Experts have obtained all required permits, licenses, or consents, or that the services provided by an Expert comply with all applicable laws. We neither endorse any Expert nor guarantee the quality of their goods or services. You should conduct your own research to ensure the service providers you choose to do business with through our Digital Properties are appropriate for you.
• C. Experts. Experts acknowledge that Sellona will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Users. WE DO NOT REVIEW OR GUARANTEE THE AUTHENTICITY OR ACCURACY OF OUR USERS OR THE INFORMATION PROVIDED BY OUR USERS. We are not responsible for assisting you in providing goods and services to Users.
• D. Account Registration. Users may be asked to provide registration details or other information to access the Services. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all registration information you provide, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take concerning your information consistent with our Privacy Policy.
  • (i) Account Credentials. If you choose or are provided with a username, password, or any security information (“Account Credentials”) as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your Account Credentials. You agree to notify us immediately of any unauthorized access to or use of your Account Credentials or any other breach of security you become aware of. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Sellona is not liable for any loss or damage arising from your failure to protect your password or account information.
  • (ii) Our Right to Disable Account Credentials. We have the right to disable any Account Credentials, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
  • (iii) Experts. Each Expert must provide the correct name of your business as part of any account registration process. If there is a change to that business name, you must promptly update your account information. We may request that you provide additional documentation to verify your account details. Experts who engage in the sale of goods and services must have a valid business operations license. If you or your company experiences a dissolution, merger, or other change of control (e.g., sale of the company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all content previously associated with such account.
• E. Our Subscriptions. We may offer different types of paid and free subscriptions. For instance, we may offer “Basic,” “Free Trial,” or other free subscriptions. These free subscriptions do not guarantee any specific Services. We reserve the right to modify the terms of free subscriptions. We may also offer paid subscriptions. When you sign up for a paid subscription, you may be required to agree to additional terms specific to the product (“Product-Specific Terms”).
• F. Coupons & Discounts. We may allow you to receive promotional coupons (“Coupons") or other promotions or discounts ("Discounts") that may be used to purchase goods and services from us, third parties, or Experts. Additional terms and conditions may be contained on each Coupon or Discount. Any violation of the terms and conditions will make the Coupon or Discount void. We are not responsible for lost or stolen Coupons. Coupons or Discounts are not redeemable for cash—only one Coupon or Discount per redemption. A Coupon or Discount is automatically void if prohibited by law. A Coupon or Discount may not be used for alcohol, tips, taxes, or any other statutory limitations. You acknowledge and agree that we may stop (permanently or temporarily) providing the Coupons or Discounts to you or to Users generally at our sole discretion, without prior notice to you.

3. No Real Estate Services Provided; No Legal Advice Provided.

Sellona is not a real estate broker and does not hold a real estate broker's license. Instead, we offer an innovative community and marketplace for individuals and service providers to connect regarding real estate services. We and the Services function solely as a neutral venue and digital clearinghouse. You acknowledge that we are not a real estate broker, real estate agent, or a provider of real estate services. We are not involved in or a party to the actual transaction between Users. Users who advertise properties or request properties using the Services are responsible for complying with local real estate laws and regulations. As a result, we have no control over the existence, quality, accuracy, safety, or legality of the transactions that take place on our Services or the accuracy of any Expert listings. We have no control over the ability of Experts to provide items or perform services or the ability of Users to pay for any goods and services. We make no representations or warranties and are not liable or responsible for the actions or inactions of our Users. It is important for Users to exercise caution and conduct due diligence when engaging in real estate transactions.

Sellona is not a law FIrm, and neither Sellona NOR THE SERVICES PURPORT TO OR ARE INTENDED TO, PROVIDE LEGAL ADVICE. No attorney-client relationship is created by these Terms of Use or by the provision or use of the Services. The Services are provided as a marketplace only and are not a substitute for the advice of an attorney. If you have any questions about the appropriateness or enforceability of any contract or any part of a contract or require any other type of legal advice or guidance, you should get the advice of an attorney. You should not disregard any legal advice it may receive based upon its use of the Services.

4. Use of the Services; Restrictions.

• A. Use of the Services. 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 Digital Properties and to download and use any App (as defined in Section 4(B) below) on your mobile device in object code form, for your personal use. The Services may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties and vacation rentals.
• B. Mobile Applications. You must have a compatible mobile device to use any mobile application feature of the Services (each, an "App"). We do not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. We may update any App and automatically electronically update the version of any App you have installed on a mobile device. You consent to all automatic upgrades and understand that these Terms of Use will apply to all updated versions of an App. Any third-party software included in an App (including open-source software) is subject to the applicable third-party terms. Open-source software may be available directly from the creator under an open-source license. These Terms of Use do not apply to your use of software obtained from a third-party source.
• C. 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 use or Pro Use to view, save, print, fax, or email such information.

5. Acceptable Use Policy. You shall use the Services in accordance with the terms of our Acceptable Use Policy, available at https://www.sellona.com/acceptable-use-policy and incorporated herein by reference. We have the right to suspend or terminate your access to the Services at any time if we believe you have violated any provision of the Acceptable Use reference. We have the right to suspend or terminate your access to the Services at any time if we believe you have violated any provision of the Acceptable Use Policy.

6. Fees.

• A. Generally. You may be required to pay fees to access certain features of the Services, including Paid Subscriptions. The fees charged for the Services will be the fees in effect at the time the order is placed and will be set out in your order confirmation email. Fee increases will only apply to orders placed after such changes. All fees are in U.S. dollars and are non-refundable. If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing you with the applicable part of the Services. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. You authorize us to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. We reserve the right to correct any processing errors we discover. We may correct any processing errors by debiting or crediting the payment method used for the erroneous refund or reimbursement.
• B. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service"). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. Unless otherwise stated in your Product-Specific Terms, you may cancel a Subscription Service through the settings page in your account by contacting us at support@sellona.com.
• C. Unpaid Fees. You are responsible for all charges incurred under your account. If, for any reason, any fees you owe us have not been paid or received by us when due (“Unpaid Fees”), we may charge interest in the amount of 2.0% per month (or the maximum amount allowed by law) on such Unpaid Fees until they are paid. Any partial payments made by Users will first be applied to the most recent fees owed to us, including interest. We reserve the right to waive or reduce the amount of any Unpaid Fees, penalties, or interest at any time. You also agree to pay any attorney fees and other collection costs incurred by us with respect to any unpaid fees. You also consent and authorize us, in our sole discretion, to make appropriate reports to credit reporting agencies, financial institutions, tax agencies, and law enforcement authorities and cooperate with them in any resulting investigation or prosecution. We may also deactivate your account upon notice to you due to Unpaid Fees.
• D. Account Deactivation. Except as stated in any Product-Specific Terms, you may deactivate your account at any time by selecting “deactivate account” in your Account Settings. For more information about how you can delete your account and all your account data by submitting a request to “delete your data”, please visit our Privacy Policy. You will remain responsible for any fees incurred by you prior to the deletion or deactivation of your account.
• E. Taxes. Users are also responsible for paying any taxes imposed on their use of the Services, including, but not limited to, sales, use, or value-added taxes. To the extent we are obligated to collect such taxes, the applicable tax will be billed to you.

7. User-Generated Content.

• A. User-Generated Content. The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display, or transmit to other users or other persons ("post") content or materials (collectively, "User-Generated Content") on or through the Services. All User-Generated Content must comply with the Acceptable Use Policy. User-Generated Content is non-confidential and non-proprietary.
• B. Warranties. You represent and warrant that: (i) you are the creator and owner of the User-Generated Content or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Sellona and other Users to access and use your User-Generated Content as necessary to exercise the licenses granted by you under these Terms of Use; (ii) all of your User-Generated Content complies with these Terms of Use; (iii) you are solely responsible for all User-Generated Content made through your user account(s) on the Services or that you otherwise make available through the Services, including the legality, reliability, accuracy, and appropriateness of such User-Generated Content.
• C. License Grant. Absent any additional terms provided in any Product-Specific Terms, by uploading or otherwise providing User-Generated Content, you grant us an irrevocable, perpetual, royalty-free worldwide license to (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User-Generated Content, in connection with the Services or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. We will not pay you for User-Generated Content or exercise any rights related to User-Generated Content set forth in the preceding sentence. You acknowledge that we may retain archived copies of your User-Generated Content and may continue to use your User-Generated Content even after you stop using the Services, in accordance with the license described above.
• D. Disclaimer. We are under no obligation to edit or control your User-Generated Content or the User-Generated Content of any other User and will not be in any way responsible or liable for any User-Generated Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User content on the Services, including User-Generated Content that, in our sole judgment, violates these Terms of Use or our Acceptable Use Policy. You understand that when using the Services, you may be exposed to User-Generated Content of other users and acknowledge that User-Generated Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive and do waive, any legal or equitable right or remedy you may have against us concerning User-Generated Content. We expressly disclaim any and all liability in connection with User-Generated Content. If notified by a user or content owner that User-Generated Content allegedly does not conform with these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to remove that User-Generated Content, which we reserve the right to do at any time and without notice. We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We may take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

8. Third Party/Linked Services/Sent information.

• A. Generally. The Services include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User-Generated Content or your personal information (collectively, your "User Information”) to third parties not under our control (each, a “Third-Party Provider”). For Users who are Consumers, please note that Experts aRE Third-Party Providers. Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User 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 Provider's use of your User Information. By using a tool that allows for User Information to be transferred, you agree that we may transfer the applicable User Information or other information to the applicable third-parties, which are not under our control. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls 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. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
• B. Experts. If you choose to contact an Expert 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, you authorize Sellona to provide the information you submit to the Expert. If you include your name, contact information, and other information in a request, your identity will no longer be anonymous to the Expert. Any decisions made by an Expert based on or in connection with information submitted by you to an Expert are made by the Expert and are not made by Sellona.
• C. Credit Decisions Made. Sellona: (a) is not a loan originator, loan processor, or underwriter; (b) does not aid or assist applicants in obtaining loans, soliciting applicants or Third-Party Providers for loans, or offering or negotiating 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; (f) is not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) do 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.

9. Intellectual Property. The Services are owned and operated by Sellona. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services, including copyrighted material, inventions, know-how, potentially patentable business method material, design logos, phrases, names, logos, HTML code or other computer code or scripts (collectively, "Sellona Materials”) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law. Except as expressly allowed by these Terms of Use, you may not make use of the Sellona Materials, and we reserve all rights to the Sellona Materials and the Services not granted expressly in these Terms of Use.

The Services contain trademarks, trade names, trade dress, service marks, domain names, or other indicia of ownership (collectively the "Marks") owned or licensed for use by us, including but not limited to SELLONA. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Digital Properties are the trademarks of their respective owners.

10. Copyright Policy

• A. Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to us as outlined below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the "DMCA Notice") must include substantially the following:
  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

• B. Counter Notification Procedures. If you believe that material you posted through the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to us using the contact details provided below. Pursuant to the DMCA, the Counter Notice must include substantially the following:
  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

• C. Repeat Infringers. It is our policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.
• D. Contact Information. Please send any DCMA Notices or Counter Notices to us
  • by mail at: Sellona Incorporated, Attn: Copyright Notice, 6255 Old Dominion Dr. Suite 120 Mclean Va. 22101
  • or by email at: support@sellona.com, in the subject line please reference "Copyright Notice."

11. Feedback. If you choose to provide input and suggestions regarding the Services, including suggestions related to any of the Sellona Materials (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Services or create other products and services.

12. Reliance on Information Posted. We do not warrant the accuracy, completeness, or usefulness of any information provided through the Services. We may change the information from time to time, but the information provided through the Services may not constitute the most up-to-date information – legal, real estate related, or otherwise. Any information provided through the Services may be out of date at any given time, and we are not obligated to update such material.

Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Digital Properties, user of the Services, or by anyone who may be informed of the contents of the Services.

The Digital Properties contain content provided by third parties, including content provided by other Users. All statements or opinions expressed in this content are solely the opinions and the responsibility of the person or entity providing the content. Sellona is NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

13. Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the choice of law or arbitration provisions set out in these Terms of Use will not apply to any disputes that have commenced prior to the effective date of any change. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page to be aware of any changes, as they are binding on you.

14. Changes to Service. We are constantly testing and evolving the services we offer. We reserve the right to modify or discontinue any of the Services or any features or functionality provided on the Services at any time at our discretion. You agree that we may make such changes and reverse or modify them without notice. Several tools may be made available to Users through the Services (collectively, “User Tools"), some of which are provided by third parties. We are not responsible for the availability, suitability, or effectiveness of any of these User Tools, whether provided by a third party or not. We reserve the right to modify or discontinue any User Tools at any time at our discretion.

15. Geographic Restrictions. The Services are based in the in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16. Indemnification. You agree to indemnify, defend, and hold harmless Sellona, our directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User-Generated Content you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to or use of the Services using your Access Credentials. Sellona reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Sellona's defense of that claim.

17. Disclaimer of Warranties.

We do not guarantee or warrant that files available for downloading from the internet or through the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

SELLONA, ITS OFFICERS, DIRECTORS, AND EMPLOYEES ARE NOT THEMSELVES PROVIDERS OF REAL ESTATE SERVICES, AND THE SERVICES ARE NOT INTENDED TO AND DO NOT CONSTITUTE GUIDANCE OR LEGAL ADVICE. YOUR USE OF SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.

THE SERVICES, INCLUDING ALL CONTENT AND ITEMS OBTAINED THROUGH THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SELLONA NOR ANY PERSON ASSOCIATED WITH SELLONA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE PRECEDING, NEITHER SELLONA NOR ANYONE ASSOCIATED WITH SELLONA REPRESENTS OR WARRANTS THAT SERVICES, ITS CONTENT, OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE DIGITAL PROPERTIES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ADDITIONALLY, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT ANY EXPERT IS LICENSED, QUALIFIED, INSURED, OR CAPABLE OF PERFORMING ANY PRODUCT OR SERVICE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE EXPERTISE, PROFESSIONAL QUALIFICATIONS, OR QUALITY OF WORK OF ANY EXPERT, OR THE SUITABILITY, RELIABILITY OR ACCURACY OF THE PRODUCTS AND SERVICES THEY PROVIDE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLONA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SELLONA, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL OR EQUITABLE THEORY, (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, OR ANY CONTENT ON THE SERVICES, INCLUDING WITHOUT LIMITATION FOR ANY: (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (B) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION, OR DELAY OF THE SERVICES; (C) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (D) COST OF REPLACEMENT GOODS OR SERVICES; (E) LOSS OF GOODWILL OR REPUTATION; (F) USER-GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (G) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF SELLONA, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE) SHALL NOT EXCEED IS THE GREATER OF: (A) THE AMOUNTS YOU PAID TO SELLONA FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR (B) $100.

EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Choice of Law; Venue. All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia or any other jurisdiction). THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THIS AGREEMENT. Any legal suit, action, or proceeding arising out of, or related to, the Services or these Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia. You waive any and all objections to the exercise of jurisdiction over you by such courts and the venue of such courts.

20. Arbitration.

• 1. YOU AND SELLONA AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIMS UNDER THESE TERMS OF USE. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

• 1. The arbitration will be administered by the American Arbitration Association ("A.A.A.") in accordance with the Consumer Arbitration Rules (the "A.A.A. Rules") then in effect, except as modified by this section. (The A.A.A. Rules are available at www.adr.org/arb_med or by calling the A.A.A. at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to the arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

• 1. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR SELLONA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

1. 21. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SALE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

22. Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from us. These communications may include Service-related notices such as notices about applicable fees and charges, transactional information, solicitations, questionnaires, and other information concerning or related to the Services. We may also send you promotional messages, such as messages about changes to features of our Services and special offers. These communications are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing and that we may send you electronic communications in lieu of communication by postal mail.

23. Suspension or Termination of Access. We have the right to deny access to, and to suspend or terminate your access to, the Services, or to any features or portions of the Services, and to remove and discard any content or materials you have submitted to the Services at any time and for any reason or for no reason and without notice to you. Actions that may result in your suspension or termination are outlined in these Terms of Use and the Acceptable Use Policy. In the event that we suspend or terminate your access to or use of the Services: (a) you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination, and (b) you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account or anything else, unless applicable terms provide otherwise. If you are an Expert, after your relationship with us is terminated for any reason, we shall be entitled to retain and display all reviews associated with you on the Services as well as basic directory information, including, without limitation, business name, mailing address, website address, and telephone number.

24. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services.

25. General. These Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and Sellona with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Sellona with respect to the Services. These Terms of Use may be amended only by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. We may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use or assign, transfer, or sublicense your rights, if any, in the Services. Our failure to act with respect to a breach, or our choice to otherwise waive breach by you or others, does not waive our right to act with respect to subsequent or similar breaches. All Services used by the U.S. Government are provided with the commercial license rights described herein. The following sections of these Terms of Use shall survive any termination of these Terms of Use: Sections 3, 7B, 7C, 7D, 9, 11, 16 - 21, and 25

26. Notice to Apple Users. If you are using our mobile applications on an iOS device, the terms of this Section 26 apply. You acknowledge that these Terms of Use are between you and Sellona 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; 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 or 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 26 of these Terms of Use, and upon your acceptance of these Terms or Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 26 of these Terms of Use 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.

27. Contact Us. This website is operated by Sellona Incorporated, 6255 Old Dominion Dr. Suite 120 Mclean Va. 22101. All feedback, comments, requests for technical support, and other communications (notices of copyright infringement claims) relating to the Services should be directed to support@sellona.com.