Terms and Conditions

Please read these Terms of Use (the “Agreement”) carefully. This is a legal Agreement between you and Nine Square Estate, Inc. and its affiliates (as applicable based on the Services), governing your access and use of any website or mobile aplication provided by us, including ninesquareestate.com, the “Services”). “You” and “your” mean both an individual using the Services and an entity if you are using the Services on behalf of, or for the benefit of an entity (for example, a Market Center). The parties to this Agreement shall be known collectively as the “Parties” and singularly as a “Party”.

By registering an account, clicking, or tapping any button or box marked “accept,” “agree” or “OK”, or by using the Services, you agree to this Agreement and any changes to it.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS DESCRIBED IN SECTION 16 BELOW, REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN BY JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OR CLASS ARBITRATIONS.

1. Effective Date:

The “Last Updated” legend shows when this Agreement was last changed. We may change this Agreement by notifying you by any reasonable means, including posting a revised Agreement through the Services.

Subject to applicable data privacy laws, we may, at any time and without liability:

(a) modify or discontinue all or part of the Services; or

(b) charge, modify, or waive any fees required to use the Services.

2. License to Use the Services.

We grant you a limited, revocable, non-exclusive license to use the Services and we provide the Services for your personal use only, unless we agree otherwise. The Services, and all its elements, are owned by us or licensed to us by third parties (a non-KWRI service provider). We and the third party licensors retain all right, title, and interest in the Services, including all patent, copyright, trademark, and trade secret rights therein.

The Services may not work with all hardware or devices. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Services. The Services may include software applications that may make available additional products and services (these are collectively referred to as the “Apps”). You may be required to download or use specific software and Apps for certain components of the Services to function properly.

3. Registration; Usernames and Passwords; Communications.

You may have to register an account with us to use the Services. If you decide to register an account with us, you will provide us with your name, email address, username, password, and other registration information to create and access your account. We may reject, or require that you change, any username, password or other information that you provide to us in registering your account. Your username and password are for your personal use only and must be kept confidential. You are responsible for the security of your account and all actions associated with it. You must promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your Services account. You may not sell or otherwise transfer your account to another individual or entity without our prior written consent.

We may use telephonic or electronic means to communicate with you when you use the Services, send us emails, when we post a notice on the Services or send you emails, and to contact you about the Services or other related real estate products and/or services. You (a) consent to receive communications, including notifications, from us in an electronic form; (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hard copy writing; and (c) authorize us to contact you about the Services or other real estate products or related services at the telephone number and email address you provide, including communications using automated telephone dialing equipment, text messages, emails and/or artificial or pre-recorded voice messages.

4. Information Collected Through the Services.

With respect to the information you provide to us through the Services, you promise that:

you have and will comply with all laws applicable to any information you provide or access through the Services, including information that is uploaded or synchronized with the Apps for which you have given consent to use; information you provide is and will remain accurate and complete, and you will maintain and update the information as needed; and

you have all necessary rights and permissions to authorize the processing of such information under this Agreement.

By using our Services, you agree that KWRI may automatically collect information from you and your device while you use our Services. This information includes any actions you take on our websites or mobile applications, including links visited, session details and duration, and what you type into our websites or mobile applications. Additionally, you agree that we may share the information we collect through the Services, including personally identifiable information, with our Affiliated Entities (as defined in Section 13) and other third parties. You also agree that we may collect, transmit, and process information collected by the Services consistent with our Privacy Policy located at https://www.ninesquareestate.com/privacy.com, as updated over time. You will always be able to download and take your contacts database.

5. Your Conduct. You must not:

Use the Services in any way or for any purpose that is unlawful, violates any federal or state laws or regulations (including but not limited to the federal Telephone Consumer Protection Act 47 U.S.C. § 227 (“TCPA”)) or any KWRI policies and guidelines (including, but not limited to, the KWRI Policies and Guidelines Manual) that apply to the dissemination of unsolicited email and faxes the to the use of telephone calls, text messages, artificial or prerecorded messages, automatic telephone dialing systems, automatic dialing and announcing devices and any other communication to market services or to solicit listings or prospective buyers or to engage in any other telemarketing or telephone solicitation or other commercial communication or to any other purpose that is fraudulent, or otherwise tortious.

Post, transmit or make available any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

Introduce any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

Link, integrate, or provide access to the Services or related infrastructure without KWRI’s prior explicit permission.

Transmit any spam, chain letters or other unsolicited communications.

Harvest or collect information about users of the Services.

Interfere with the operation or content of the Services, or the servers or networks used to make the Services available (for example, by hacking or defacing any portion of the Services), or violate any requirement, procedure or policy of such servers or networks.

Inhibit any other person from using the Services.

Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of the Services.

Reverse engineer, decompile or disassemble any portion of the Services.

Remove or alter any copyright, trademark or other proprietary rights notice from the Services.

Frame or mirror any portion of the Services or incorporate any portion of the Services into any product or service.

Systematically download or store Services content.

Tamper with or circumvent any security technology associated with the Services.

Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content (including S ubmissions), or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent.

We may monitor your use of the Services to determine compliance with this Agreement. We may remove or refuse any data or material included in the Services, in whole or in part, for any reason. We may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use.

You agree to be solely responsible for becoming aware of understanding and complying with the most recent versions of all applicable laws, regulations and KWRI policies that relate to your use of the Services.

You acknowledge that you are solely responsible for identifying, interpreting, understanding and complying with all applicable federal and state laws and regulations regarding your use of the Services, including selecting and engaging any legal counsel you may deem necessary to ensure compliance therewith.

NOTE: If you copy and paste an individual’s contact information (e.g. a phone number) from the Command Mobile App and insert such information into your mobile device for the purpose of communicating with that individual, you must comply with all applicable federal and state laws and regulations (including but not limited to the TCPA) or any KWRI policies and guidelines (including, but not limited to, the KWRI Policies and Guidelines Manual) that apply to the dissemination of unsolicited email and faxes and to the use of telephone calls, text messages, artificial or prerecorded messages, automatic telephone dialing systems, automatic dialing and announcing devices and any other communication to market services or to solicit listings or prospective buyers or to engage in any telemarketing or telephone solicitation or other commercial communication.

6. Third Party Materials; Links

Some of the Services’ functionality may be provided by third parties, including Apps (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, i ncluding via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

7. Transactions.

You may have the ability to purchase products, services or access to Apps through the Services (each a “Transaction”). To make a Transaction, you may be asked to supply information, such as your credit card number and its expiration date and your billing address. You promise that you have the right to use the credit card you use in connection with a Transaction, and you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

We may (a) impose conditions on the honoring of any coupon, discount or similar promotion; (b) prevent any user from making any Transaction; and (c) refuse to provide any user with any product, service or App. Unless otherwise specifically stated. Transactions are final, non-cancellable, and non-refundable. You must pay all charges incurred by you or on your behalf at the prices in effect when such charges are incurred. Additionally, you are responsible for any taxes applicable to your Transactions.

8. Feedback

If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such F eedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.