Consumer Real Estate Rebates Terms

1. Disclaimer to Homeowners and Buyers

IMPORTANT NOTICE: PLEASE READ CAREFULLY

BY USING THIS SERVICE, YOU UNDERSTAND AND EXPRESSLY AGREE THAT NEXUS REAL ESTATE IS NOT ACTING AS YOUR REAL ESTATE AGENT, BROKER, OR PROPERTY MANAGER. NEXUS REAL ESTATE DOES NOT REPRESENT YOUR INTERESTS IN ANY REAL ESTATE TRANSACTION AND DOES NOT PROVIDE REAL ESTATE BROKERAGE SERVICES UNLESS OTHERWISE AGREED UPON.

BY USING THIS SERVICE, YOU MAY COME INTO CONTACT WITH OR USE THE SERVICES OF VARIOUS REAL ESTATE AGENTS, BROKERS, LENDERS, VENDORS, ADVERTISERS, OR OTHER THIRD PARTIES. NEXUS REAL ESTATE IS AN INDEPENDENT WEB-BASED PROVIDER OF REAL ESTATE RELATED DIRECTORY, REFERRAL SERVICES, AND CONTENT. NEXUS REAL ESTATE DOES NOT CONTROL, SUPERVISE, MANAGE, OR OVERSEE ANY SUCH AFFILIATES, AGENTS, BROKERS, LENDERS, VENDORS, ADVERTISERS, OR OTHER THIRD PARTIES.

NEXUS REAL ESTATE IS NOT RESPONSIBLE FOR:

• The actions, omissions, or conduct of any third-party service providers

• The quality of services provided by referred agents or brokers

• The outcome of any real estate transaction

• Any disputes between you and any third-party service provider

• Any financial losses or damages you may incur in connection with real estate transactions

You acknowledge that you are entering into separate, independent agreements with real estate professionals, and that those relationships are governed by separate contracts to which Nexus Real Estate is not a party.

2. Agreement to Terms

This legal agreement (hereinafter referred to as the "Agreement," "Terms," or "Terms and Conditions") is entered into between you (hereinafter referred to as "you," "your," "User," "Seller," "Buyer," or "Client") and Nexus Real Estate (hereinafter referred to as "Nexus Real Estate," "Nexus," "we," "us," "our," or "Company").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. This Agreement should be read in its entirety and understood completely before accessing or using any of our services.

Your access to and use of the Service is expressly conditioned upon your acceptance of and compliance with this Agreement. This Agreement applies to all persons who access or use the Service in any capacity, including but not limited to:

• Visitors to our website or mobile application

• Users who submit information or enrollment forms

• Prospective home buyers and sellers

• Individuals referred through Partner Organizations

• Anyone who communicates with Nexus Real Estate through any medium

METHOD OF ACCEPTANCE: By accessing, browsing, or using our services through any means whatsoever, including but not limited to:

• Visiting our website or mobile application

• Submitting an enrollment or inquiry form

• Engaging with our email communications

• Participating in telephone communications

• Meeting with our representatives in person

• Being referred through a Partner Organization

• Using services provided through partner platforms

• Or any other method of interaction with Nexus Real Estate

You acknowledge and agree that such use constitutes your acceptance of and agreement to be legally bound by these Terms and Conditions.

RIGHT TO DECLINE: If you do not agree with any part of these Terms and Conditions, you must immediately discontinue all use of our services. However, your continued use of our services in any form operates as an acceptance and binding agreement that you agree to be bound by all terms and conditions herein.

LEGAL COMPLIANCE: Nexus Real Estate operates in compliance with all applicable federal, state, and local housing laws, including but not limited to the Fair Housing Act, Equal Credit Opportunity Act, Real Estate Settlement Procedures Act (RESPA), and all other relevant legislation.

3. Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below:

"Service" means the website, mobile application, platforms, tools, features, content, and any other services provided by Nexus Real Estate, including but not limited to agent referral services, reward programs, and related offerings.

"Partner Organization" means any third-party entity with which Nexus Real Estate has established a relationship to offer services or benefits, including but not limited to employers, universities, colleges, mortgage lenders, financial institutions, credit unions, and other organizations.

"Rewards" or "Rebates" or "Benefits" means the cash back, rebates, commission credits, gift cards, or other financial incentives provided by Nexus Real Estate to eligible participants who complete qualifying real estate transactions.

"Broker Referral Network" means the network of licensed real estate agents and brokers who have entered into agreements with Nexus Real Estate to receive client referrals.

"Service Fee" means the referral fee or commission paid by participating agents or brokers to Nexus Real Estate for client referrals that result in completed transactions.

"Qualifying Transaction" means a real estate purchase or sale transaction that meets all eligibility requirements set forth in this Agreement and is completed through a participating agent in the Broker Referral Network.

"Enrollment" means the process by which a User registers for the Nexus Real Estate program through any available channel.

"Final Sale Price" means the actual closing price of the property as reflected in the final settlement statement or closing disclosure.

"Settlement Statement" means the HUD-1, Closing Disclosure (CD), or other final closing document that shows the actual terms and financial details of a real estate transaction.

4. Independent Program Status

Independence of Operations

Nexus Real Estate operates as an independent entity and maintains complete operational independence from all Partner Organizations unless Nexus Real Estate has a direct or indirect ownership interest in such business, or unless otherwise expressly stated in writing. Except in cases where Nexus Real Estate holds an ownership stake, this independence means:

No Agency Relationship:
Nexus Real Estate does not act as an agent, representative, employee, partner, joint venturer, or contractor of any Partner Organization. Each Partner Organization is a separate legal entity with no authority to bind, control, or direct Nexus Real Estate’s operations, policies, or procedures unless Nexus Real Estate has an ownership interest or such authority is expressly agreed to in writing.

Licensing Representation:
Nexus Real Estate is an independent real estate brokerage licensed in Washington, D.C. Nexus Real Estate provides referral services only and does not represent buyers or sellers in real estate transactions unless otherwise agreed upon in writing or required by applicable law.

Partner Organization Disclaimer:
When services are offered through Partner Organizations (including but not limited to employers, universities, mortgage lenders, or other entities), and unless Nexus Real Estate has an ownership interest in such Partner Organization, such Partner Organizations:

• Are not responsible for any programs, services, or benefits provided by Nexus Real Estate

• Do not review, endorse, approve, or validate any content, services, or offerings from Nexus Real Estate

• Are not responsible for the website, mobile application, or any other platform operated by Nexus Real Estate

• Bear no liability for any actions, omissions, or conduct of Nexus Real Estate

• Make no representations or warranties regarding the quality, accuracy, or reliability of Nexus Real Estate’s services

Mortgage Independence:
Where applicable and relevant to Partner Organizations that are mortgage lenders or financial institutions, and unless Nexus Real Estate holds an ownership interest in such entity:

• Obtaining a mortgage, loan, or any financial product from any Partner Organization is completely optional

• Use of a Partner Organization’s financial services is not required to participate in any Nexus Real Estate program

• All loans and financial products are subject to credit approval

• Loan terms, rates, and conditions are subject to change or cancellation without notice

• Borrowers retain the absolute right to arrange financing with any lender of their choice

• No preference, advantage, or additional benefit is provided for using a Partner Organization’s lending services unless expressly disclosed

Sole Responsibility:
Any and all services, benefits, rewards, rebates, or other offerings provided under any Nexus Real Estate program are solely the responsibility of Nexus Real Estate and not of any Partner Organization in which Nexus Real Estate does not hold an ownership interest, unless explicitly stated otherwise. Such offerings are not endorsed, guaranteed, reviewed, validated, or supported by any Partner Organization or external entity unless specifically stated in writing.

5. User Obligations and Responsibilities

As a user of Nexus Real Estate's services, you agree to the following obligations and responsibilities:

A. LAWFUL USE ONLY

You agree to use the Service only for lawful purposes and in accordance with these Terms. You expressly agree not to:

• Use the Service for any purpose that is unlawful, prohibited by these Terms, or prohibited by applicable local, state, or federal law

• Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks

• Attempt to gain unauthorized access to any part of the Service, other user accounts, or computer systems or networks connected to the Service

• Use any automated means, including robots, crawlers, or scrapers, to access the Service

• Interfere with or disrupt the integrity or performance of the Service

• Transmit any viruses, malware, or other malicious code

• Violate any applicable laws, regulations, or third-party rights

• Engage in any fraudulent, deceptive, or misleading conduct

B. COMPLIANCE WITH LAWS

You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts, and licenses regarding your use of the Service, including without limitation:

• Internet and telecommunications laws and regulations

• Email and anti-spam laws (including CAN-SPAM Act)

• Privacy laws and data protection regulations

• Copyright, trademark, and intellectual property laws

• Real estate laws and regulations

• Consumer protection laws

• Fair Housing laws and anti-discrimination statutes

• All other federal, state, and local laws applicable to your use of the Service

C. ACCURACY OF INFORMATION

You have an affirmative obligation to provide accurate, truthful, current, and complete information. Specifically:

1. Personal Information: If you provide any information to us through any medium (including but not limited to website forms, email, telephone, text message, in-person interactions, or through Partner Organizations), you agree and warrant that such information is:

   • True and accurate in all respects

   • Current and up-to-date

   • Complete and not misleading

   • Maintained and updated as circumstances change

2. Third-Party Information: If you provide information about any third party (including but not limited to personally identifiable information, contact information, or financial information), you represent and warrant that:

   • You are specifically and explicitly authorized to provide such information to Nexus Real Estate

   • You have obtained all necessary consents and permissions

   • The third party has authorized you to share their information for the purposes of using Nexus Real Estate's services

   • You assume all responsibility and liability for the dissemination and use of such information

3. Consequences of False Information: Nexus Real Estate reserves the right to:

   • Immediately terminate your access to the Service if you provide false, inaccurate, misleading, or incomplete information

   • Deny or revoke any rewards, rebates, or benefits if eligibility was based on false or misleading information

   • Take legal action to recover any damages resulting from your provision of false information

   • Report fraudulent activity to appropriate law enforcement authorities

D. ONGOING OBLIGATION TO UPDATE

You agree to promptly update any information you have provided to Nexus Real Estate if such information changes, including but not limited to:

• Contact information (address, phone number, email)

• Property information

• Transaction status or timeline changes

• Changes in agent representation

• Any other material changes relevant to your use of the Service

E. AGE REQUIREMENT

You represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may not use the Service under any circumstances.

6. Partner Programs and Relationships

A. NATURE OF PARTNER PROGRAMS

Nexus Real Estate may offer rebate programs, reward programs, and other benefits through partnerships and relationships with various organizations, employers, universities, colleges, mortgage lenders, financial institutions, and other entities (collectively, "Partner Organizations").

B. PARTNER ORGANIZATION INDEPENDENCE

Each Partner Organization:

• Operates independently of Nexus Real Estate unless stated

• Is a separate legal entity with its own policies, procedures, and terms of service

• Is not responsible for programs, services, or offerings provided by Nexus Real Estate

• Does not review, endorse, approve, or validate Nexus Real Estate's content, services, or operations

• Bears no responsibility or liability for Nexus Real Estate's website, mobile application, or other platforms

• Makes no warranties or representations regarding Nexus Real Estate's services

C. ELIGIBILITY THROUGH PARTNER ORGANIZATIONS

Certain programs may be available exclusively to members of specific Partner Organizations, such as:

• Employees of partner companies or employers

• Faculty, staff, students, and alumni of partner universities or educational institutions

• Members of partner credit unions or financial institutions

• Customers or members of other partner entities

Eligibility requirements for partner-specific programs will be clearly disclosed and may require verification of your affiliation with the Partner Organization.

D. NO ENDORSEMENT

The existence of a partnership or relationship between Nexus Real Estate and any Partner Organization does not constitute:

• An endorsement by the Partner Organization of Nexus Real Estate

• An endorsement by Nexus Real Estate of the Partner Organization

• A recommendation of services or products

• A guarantee of quality, performance, or results

• A warranty of any kind

E. PARTNER ORGANIZATION CHANGES

Nexus Real Estate reserves the right to:

• Add or remove Partner Organizations at any time

• Modify the terms of partner-specific programs

• Discontinue programs offered through Partner Organizations

• Change eligibility requirements for partner-based programs

• Changes to Partner Organizations or partner-specific programs will not affect rewards already earned for transactions in progress, provided all other terms and conditions continue to be met.
  

  7. Eligibility and Use of Program

  A. GENERAL ELIGIBILITY REQUIREMENTS

To be eligible to participate in the Nexus Real Estate program and receive any financial benefits, including Cash Rewards, Rebates, or other incentives (collectively, the "Program"), you must satisfy ALL of the following requirements:

1. Real Property Transaction: You must be a bona fide, prospective purchaser or seller of real property. This means you must have a legitimate intent to buy or sell residential real estate.

2. Participating Agent Requirement: You must use a real estate agent or broker who actively participates in the Nexus Real Estate Broker Referral Network and has a current, valid referral agreement with Nexus Real Estate.

3. Information Accuracy: You must provide true, accurate, current, and complete information at all times. You have an ongoing obligation to maintain and update this information throughout your participation in the Program.

4. Age Requirement: You must be at least 18 years of age or older. Minors are not eligible to participate in the Program.

5. Legal Capacity: You must have the legal capacity to enter into binding contracts and agreements.

6. Compliance: You must comply with all terms and conditions set forth in this Agreement and all applicable laws and regulations.

B. SOURCE OF REWARDS

It is expressly understood and agreed that:

• Cash Rewards, Rebates, and all other benefits are provided directly by Nexus Real Estate unless changed

• Rewards are NOT provided by agents or brokers in the Broker Referral Network

• Rewards are NOT provided by Partner Organizations

• The participating agent or broker provides real estate services only; they do not provide, fund, or guarantee rewards

C. PROGRAM AVAILABILITY

The Program is subject to:

• Geographic limitations and state-specific restrictions (see Section 9)

• Transaction type limitations (see Section 10)

• Legal and regulatory compliance requirements

• Availability of participating agents in your area

• Changes to program terms at Nexus Real Estate's discretion

D. VERIFICATION OF ELIGIBILITY

Nexus Real Estate reserves the right to:

• Verify all information you provide

• Request additional documentation to confirm eligibility

• Conduct background checks where permitted by law

• Deny participation to any individual who fails to meet eligibility requirements

• Revoke participation if eligibility requirements are not maintained

E. PROHIBITED ACTIVITIES

You are NOT eligible to participate in the Program unless stated if you:

• Are a licensed real estate agent or broker participating in the same transaction

• Are an employee of Nexus Real Estate

• Are engaged in any fraudulent or deceptive conduct

• Have previously been terminated from the Program for violations of these Terms

• Are using the Program for commercial or business purposes unrelated to your personal real estate transaction

8. Qualifying for Rewards and Benefits

A. FUNDAMENTAL REQUIREMENTS

To qualify for and receive any reward, rebate, or benefit under this Program, you must satisfy ALL of the following requirements:

1. Use of Assigned Agent: You must use the specific real estate broker or agent assigned to you by Nexus Real Estate who participates in the Nexus Real Estate Broker Referral Network to complete your real estate purchase and/or sale transaction.

2. Transaction Completion: You must successfully complete the real estate transaction. A completed transaction means the transaction has closed, all necessary documents have been executed, and the property has been legally transferred.

3. Full Service Fee Payment: Your assigned broker or agent must pay to Nexus Real Estate the full contracted referral fee (Service Fee) with respect to your transaction. This is an absolute requirement with no exceptions.

4. No Pre-Existing Relationship: You must not have an existing relationship or prior agreement with a real estate agent at the time of enrollment. If you are already working with an agent, you are not eligible for the Program, and this notice does not apply to you.

5. Compliance with Terms: You must comply with all terms and conditions of this Agreement throughout the enrollment period and transaction process.

6. Proper Documentation: You must provide all requested documentation, including settlement statements, closing disclosures, and any other information reasonably requested by Nexus Real Estate.

B. COMMISSION NEGOTIATION RIGHTS

You explicitly retain and reserve the right to:

• Negotiate the buyer broker representation agreement with your assigned agent

• Negotiate the seller broker representation agreement with your assigned agent

• Negotiate all real estate commissions and fees

• Discuss and agree upon the terms of representation

All real estate commissions are negotiable. Nothing in this Agreement limits or restricts your right to negotiate commission rates or terms of representation with your agent.

C. SERVICE FEE REQUIREMENTS AND IMPACT ON REWARDS

The amount of reward you receive is directly dependent upon Nexus Real Estate's receipt of the Service Fee from your broker. The following rules apply:

1. No Service Fee Received: If Nexus Real Estate fails to collect any Service Fee from your broker for any reason whatsoever, Nexus Real Estate shall have absolutely no obligation to pay any Cash Back, rebate, or similar incentive to you. No reward will be provided under any circumstances if no Service Fee is received.

2. Partial Service Fee Received: In the event Nexus Real Estate collects a Service Fee that is less than the money owed under any Cash Back, rebate, or other similar incentive program, Nexus Real Estate shall have the absolute right to reduce the Cash Back, rebate, or incentive to an amount equal to or less than the Service Fee actually received.

3. Service Fee Calculation: The Service Fee is calculated based on the terms of the referral agreement between Nexus Real Estate and the participating broker. This amount is separate from and in addition to any commission negotiations between you and your agent.

4. No Direct Payment Obligation: You have no direct obligation to pay any Service Fee to Nexus Real Estate. The Service Fee is paid by the participating broker, not by you. However, your receipt of rewards is contingent upon the broker's payment of this fee.

D. SOLICITATION DISCLAIMER

If you are already working with a real estate agent or broker at the time you learn about Nexus Real Estate's services, please disregard this Program information. Nexus Real Estate does not intend to solicit, interfere with, or disrupt existing real estate relationships or representation agreements. The Program is designed only for individuals who do not currently have representation and are seeking to be connected with an agent.

E. TIMING OF REWARD QUALIFICATION

Rewards are earned and become payable only when:

1. The real estate transaction has successfully closed

2. The Final Sale Price has been determined

3. The Settlement Statement has been finalized

4. The broker has paid the full Service Fee to Nexus Real Estate

5. All required documentation has been received and verified by Nexus Real Estate

6. All terms and conditions of this Agreement have been satisfied

Until all of these conditions are met, no reward has been earned, and Nexus Real Estate has no obligation to provide any benefit.

9. Location-Specific or Country Restrictions and Limitations

IMPORTANT NOTICE: Cash Rewards and Rebates are subject to various state-specific restrictions, limitations, and regulations. The availability, amount, and method of reward distribution vary significantly by state/province or country due to differences in real estate laws, regulations, and lending requirements.

A. GENERAL LEGAL RESTRICTIONS

You expressly understand and acknowledge that:

1. Cash Rewards or rebates are only available where permitted by applicable state and federal law

2. Rewards may be prohibited or restricted by state or federal real estate regulations

3. Rewards may be limited by underwriting restrictions imposed by mortgage lenders

4. The actual amount of any cash benefit may be reduced based on state law and/or loan underwriting guidelines

5. State law and lender requirements may impact whether the benefit can be applied against closing costs or must be distributed as a check after closing

6. You have an affirmative obligation to check with your mortgage lender to determine if any underwriting restrictions apply to your specific loan

B. STATES WHERE REWARDS ARE PROHIBITED

The reward program is available throughout the United States EXCEPT in the following states where it is prohibited by state law:

• Alaska

• Iowa

• Louisiana

• Missouri

If your property is located in any of these states, you are not eligible to receive any cash reward, rebate, or similar benefit through this Program, regardless of the transaction type.

C. SELLER-SPECIFIC RESTRICTIONS

For sellers, the following state-specific restrictions apply:

States with Alternative Benefits for Sellers: In the following states, a reduced agent commission may be available for sellers in lieu of a cash back reward:

• Mississippi

• New Jersey

• Oklahoma

• Oregon

If you are selling property in any of these states:

1. You will not receive a cash rebate after closing

2. Instead, the benefit will be applied as a reduced listing commission

3. The reduced commission structure must be discussed with your assigned agent upon enrollment

4. The reduced commission must be reflected in and agreed upon in the listing agreement

5. The specific amount of commission reduction will depend on the Final Sale Price and applicable program terms

D. BUYER-SPECIFIC RESTRICTIONS

For buyers, the following state-specific restrictions apply:

States Where Buyer Rewards Are Prohibited: No cash reward or rebate will be available for buyers purchasing property in the following states:

• Mississippi

• Oklahoma

• Oregon

If you are purchasing property in any of these states, you are not eligible to receive any form of buyer reward or benefit.

New Jersey Special Requirements: For buyers purchasing property in New Jersey:

1. A cash reward is not available

2. A commission credit may be available as an alternative benefit in lieu of a cash reward

3. This commission credit must be specifically discussed with your assigned agent upon enrollment

4. The commission credit must be included in a Buyer Agency Agreement that contains a Rebate Provision

5. The commission credit must comply with all New Jersey real estate regulations

6. Your lender must approve the commission credit structure

E. POST-CLOSING DELIVERY REQUIREMENTS

The following states require that rewards be paid after closing rather than being applied at closing:

• Alabama

• Alaska (if applicable through exception)

• Iowa (if applicable through exception)

• Kansas

• Louisiana (if applicable through exception)

• Missouri (if applicable through exception)

• Oklahoma

• Oregon

• Tennessee

Method of Delivery by State:

1. Check Delivery States: The following states require rewards to be delivered via check sent after closing:

   • Alabama

   • Alaska

   • Iowa

   • Louisiana

   • Missouri

   • Oklahoma

   • Oregon

2. Gift Card Delivery States: The following states require rewards to be delivered via gift card:

   • Kansas (with maximum reward of $1,000 regardless of sale price)

   • Tennessee

F. KANSAS SPECIAL LIMITATION

For transactions in Kansas:

1. Rewards must be delivered via gift card only

2. The maximum reward amount is $1,000 regardless of the property's Final Sale Price

3. This $1,000 limitation applies even if the standard benefit schedule would provide for a higher amount

4. The $1,000 limit applies per transaction (buying or selling)

5. The gift card will be delivered within 60 days after closing and receipt of all necessary documentation

G. LENDER-IMPOSED RESTRICTIONS

Regardless of state, your mortgage lender may impose additional restrictions on rewards:

1. Lender Approval Required: Your lender may need to approve any reward or commission credit before it can be applied at closing

2. Amount Limitations: Your lender may limit the maximum reward amount that can be credited toward closing costs

3. Documentation Requirements: Your lender may require specific documentation regarding the source and nature of the reward

4. Underwriting Guidelines: Different loan types (FHA, VA, Conventional, USDA, etc.) have different rules regarding borrower rebates and credits

5. Gift vs. Rebate Classification: How the lender classifies the reward may affect whether and how it can be applied

You are strongly advised to discuss any anticipated rewards with your lender early in the transaction process.

H. STATE LAW CHANGES

State or local real estate laws and regulations change frequently. Nexus Real Estate reserves the right to:

1. Modify state-specific restrictions as laws change

2. Add states to the prohibited list if new laws are enacted

3. Remove restrictions if laws are repealed or modified

4. Change delivery methods to comply with new regulations

5. Adjust reward amounts to comply with new limitations

All such changes will be made to ensure compliance with applicable law and will be effective immediately upon the change in law.

I. VERIFICATION OF STATE RESTRICTIONS

It is your responsibility to:

1. Verify the state-specific restrictions applicable to your transaction

2. Discuss any questions about state restrictions with your assigned agent

3. Confirm with your lender whether any additional restrictions apply

4. Understand how state restrictions may affect your anticipated reward

Nexus Real Estate will make reasonable efforts to inform you of applicable state restrictions, but you bear ultimate responsibility for understanding how these restrictions apply to your specific situation.

10. Excluded Transactions

IMPORTANT NOTICE: Not all real estate transactions qualify for rewards under this Program. Certain transaction types are excluded due to restricted or reduced agent commissions, legal limitations, or other factors that prevent Nexus Real Estate from receiving adequate Service Fees to fund rewards.

A. CATEGORIES OF EXCLUDED TRANSACTIONS

The rebate award is NOT AVAILABLE for the following categories of transactions:

1. Short Sales

• Properties being sold for less than the outstanding mortgage balance

• Transactions requiring lender approval of a reduced payoff

• Bank-approved short sale transactions

• Any transaction where the seller is in financial distress and seeking lender approval for a sale price less than what is owed

2. New Construction Transactions

• Many new construction properties where the builder restricts agent commissions

• Transactions where the builder limits or controls the buyer's agent commission

• Properties purchased directly from developers or builders with commission restrictions

• New construction where the builder's sales agent represents the buyer

• Spec homes or new builds with reduced commission structures

Note: Not all new construction is excluded. Your assigned agent can help you determine whether a specific new construction property qualifies for rewards.

3. For Sale By Owner (FSBO) Transactions

• Properties being sold directly by the owner without listing agent representation

• Transactions where the seller is not represented by a licensed real estate agent

• Properties marketed by the owner through FSBO platforms or services

• Any transaction where there is no listing broker to provide traditional commission structures

4. For Sale By iBuyer Transactions

• Properties being sold through iBuyer platforms (such as Opendoor, Offerpad, Zillow Offers, etc.)

• Instant offer or quick-close programs operated by institutional buyers

• Transactions where an iBuyer company is the seller

• Properties purchased and resold by algorithm-based buying companies

• Any transaction where commission structures are controlled or restricted by iBuyer platforms

5. Employer-Sponsored Relocation Programs

• Transactions involving corporate relocation programs

• Properties purchased or sold through employer-provided relocation services

• Third-party relocation company transactions

• Any transaction where the employer's relocation benefit program restricts agent commissions or rebates

• Transactions managed by relocation management companies

6. Restricted Commission Transactions

• Any transaction where the total commission paid to the buyer's agent or seller's agent is less than 2% of the sale price

• Transactions with flat-fee or discounted commission structures that do not provide adequate compensation for referral fees

• Properties where the listing agreement restricts buyer agent commissions

• Any transaction type where legal or contractual restrictions prevent payment of adequate agent commissions

7. Government-Owned or REO Properties

• Bank-owned properties (REO - Real Estate Owned)

• Government-owned properties with restricted commission structures

• HUD homes with limited commission allowances

• Transactions where government agencies restrict agent compensation

8. Auction Properties

• Properties sold through auction platforms where commission structures are non-traditional

• Foreclosure auctions with restricted agent involvement

• Any property where the sale method limits traditional real estate commissions

B. DETERMINATION OF EXCLUDED TRANSACTIONS

1. Initial Assessment: Your assigned agent will help you identify whether a specific property or transaction type qualifies for rewards during your initial consultation.

2. Pre-Transaction Review: Before you make an offer or enter into a contract, your agent should inform you if the transaction is likely to be excluded from the reward program.

3. Final Determination: The final determination of whether a transaction qualifies for rewards will be made after closing, when Nexus Real Estate can verify:

   • The actual commission paid to the agent

   • Whether any restrictions applied to the transaction

   • Whether the Service Fee was paid in full

4. Commission Verification: Nexus Real Estate reserves the right to review the Settlement Statement and commission details to determine eligibility for rewards.

C. PARTIAL EXCLUSIONS AND EXCEPTIONS

1. Case-by-Case Review: Some transactions that fall into excluded categories may be considered on a case-by-case basis. Contact Nexus Real Estate for clarification if you believe your transaction should qualify despite falling into an excluded category.

2. New Construction Exception: Some new construction transactions may qualify if:

   • The builder offers standard buyer agent commissions (typically 2.5% or higher)

   • No commission restrictions are imposed by the builder

   • The assigned agent can earn a standard commission

   • Nexus Real Estate can receive its full Service Fee

3. Reduced Rewards: In some cases where a transaction is partially restricted, Nexus Real Estate may offer a reduced reward amount proportional to the Service Fee received.

D. NO OBLIGATION FOR EXCLUDED TRANSACTIONS

For any excluded transaction:

1. Nexus Real Estate has no obligation to provide any reward, rebate, or benefit

2. No partial reward will be provided unless specifically agreed to in writing

3. The determination that a transaction is excluded does not affect your agent's obligation to provide professional real estate services

4. You remain responsible for any obligations under your representation agreement with your agent

E. DUTY TO DISCLOSE

You have an affirmative obligation to:

1. Disclose to your assigned agent if you are aware that a property may fall into an excluded category

2. Inform Nexus Real Estate if you learn during the transaction that exclusions may apply

3. Provide accurate information about the nature of the transaction

4. Not intentionally conceal information that would make a transaction ineligible to disclose relevant information may result in forfeiture of any rewards and potential liability for any costs incurred by Nexus Real Estate.

F. AGENT ASSISTANCE

Your assigned Nexus Real Estate agent is available to:

1. Help you identify whether specific properties qualify for rewards

2. Explain why certain transaction types are excluded

3. Suggest alternative properties that would qualify for rewards

4. Provide guidance on maximizing your potential reward within the program rules

G. CHANGES TO EXCLUSIONS

Nexus Real Estate reserves the right to:

1. Add transaction types to the excluded list as market conditions change

2. Remove exclusions if commission structures in certain transaction types improve

3. Modify the criteria for excluded transactions

4. Make exceptions for specific situations at its sole discretion

Any changes to exclusions will be effective immediately but will not affect transactions already in progress where an offer has been accepted.

11. BENEFIT AMOUNTS BY HOME VALUE

A. REWARD CALCULATION BASIS

Your benefit amount is determined by the Final Sale Price of the property as documented in the Settlement Statement or Closing Disclosure. The Final Sale Price is the actual amount paid for the property at closing, not the list price, offer price, or any other preliminary figure.

C. CLARIFICATIONS AND IMPORTANT DETAILS

1. Tiered Structure: The benefit amount is determined by which tier the Final Sale Price falls into. For example:

   • A home selling for $249,000 receives $900

   • A home selling for $250,000 receives $1,000

   • The benefit increases as you move into the next tier

2. No Pro-Rating: Benefits are not pro-rated within a tier. Every property within a given price range receives the same benefit amount regardless of where it falls within that range.

3. One Benefit Per Transaction: The benefit applies once per transaction. If you are buying one property and selling another property, each transaction may qualify for its own benefit (see subsection D below).

4. Subject to State Restrictions: All benefit amounts are subject to the state-specific restrictions outlined in Section 9. Some states prohibit rewards entirely, some require reduced commission structures instead of cash rewards, and some (like Kansas) have maximum limits.

5. Subject to Service Fee: The actual benefit you receive may be reduced if the Service Fee paid to Nexus Real Estate is less than the scheduled benefit amount. See Section 8(C) for details.

6. Verification Required: Benefit amounts are calculated and verified only after:

   • The transaction has closed

   • The Final Sale Price is documented in the Settlement Statement

   • The Service Fee has been received by Nexus Real Estate

   • All eligibility requirements have been confirmed

D. MAXIMUM BENEFIT PER USER

1. Per Transaction Maximum: The maximum benefit amount for any single transaction is $10,000, regardless of the Final Sale Price unless otherwise specified.

2. Combined Buy and Sell: If you both buy and sell properties through the Nexus Real Estate program:

   • You may receive up to $10,000 for the purchase transaction

   • You may receive up to $10,000 for the sale transaction

   • Combined maximum benefit: $20,000 (one purchase + one sale)

3. Multiple Properties: There is no limit on the number of times you may use the program to buy or sell additional properties over time. However:

   • Each transaction is subject to re-enrollment requirements (see Section 13)

   • Each transaction must independently satisfy all eligibility requirements

   • The benefit cap applies separately to each individual transaction

4. Timing of Multiple Transactions: If you are simultaneously buying and selling:

   • Each transaction is evaluated separately

   • Each transaction must close successfully to earn its respective benefit

   • Each transaction must satisfy all terms and conditions independently

   • Benefits are paid separately for each transaction based on its own closing timeline

E. ADJUSTMENTS TO BENEFIT SCHEDULE

Nexus Real Estate reserves the right to:

1. Modify the benefit schedule at any time

2. Adjust benefit amounts based on market conditions

3. Create special promotional benefit amounts for limited periods

4. Offer enhanced benefits for specific Partner Organizations

Any changes to the benefit schedule will:

• Be effective only for new enrollments after the change date

• Not affect transactions already in progress where enrollment occurred before the change

• Be clearly communicated through appropriate channels

F. BENEFIT AMOUNT DISPUTES

If you believe there is an error in the calculation of your benefit amount:

1. Contact Nexus Real Estate in writing within 30 days of receiving notification of your benefit amount

2. Provide the Settlement Statement or Closing Disclosure showing the Final Sale Price

3. Explain the basis for the dispute

4. Allow Nexus Real Estate reasonable time to investigate and respond

Nexus Real Estate's determination of the correct benefit amount based on the documented Final Sale Price shall be final and binding.

12. Reward Processing and Distribution

A. GENERAL PROCESSING TIMELINE

Rewards are processed and distributed according to the following timeline:

1. Processing Period: Rewards will be processed within 60 days after Nexus Real Estate receives ALL of the following:

   • Complete and final Settlement Statement or Closing Disclosure

   • Confirmation that the transaction has successfully closed

   • Full payment of the contracted Service Fee from your broker

   • Any additional documentation reasonably requested by Nexus Real Estate

   • Verification that all eligibility requirements have been satisfied

2. Distribution Timeline: Rewards not issued at closing will be sent within 60 days of Nexus Real Estate receiving all necessary settlement statements, documentation, and funds unless specified.

3. Calculation of Time Period: The 60-day period begins on the date Nexus Real Estate receives the LAST required item. If documentation is incomplete or if additional information is needed, the 60-day period does not begin until all requirements are satisfied.

B. METHODS OF REWARD DISTRIBUTION

The method of reward distribution depends on several factors, including state law, lender requirements, and the type of transaction:

1. At-Closing Distribution (When Permitted)

• In states where permitted and when approved by your lender

• Applied as a credit at closing toward closing costs

• Reflected on the Settlement Statement or Closing Disclosure

• Reduces your out-of-pocket costs at closing

• Subject to lender underwriting approval

2. Post-Closing Check Distribution

• For states that require post-closing distribution (see Section 9)

• When lender restrictions prevent at-closing credits

• When rewards exceed lender-permitted amounts

• Check mailed to the address on file within 60 days of receiving documentation

• Delivered via U.S. Mail to the address you provided during enrollment

3. Gift Card Distribution

• Required in Kansas and Tennessee (see Section 9)

• Gift card from major retailer or prepaid debit card

• Delivered electronically or via mail

• Subject to state-specific limitations

4. Commission Reduction (Sellers in Specific States)

• In Mississippi, New Jersey, Oklahoma, and Oregon (for sellers)

• Applied as a reduced listing commission

• Reflected in the listing agreement

• Results in net proceeds increase at closing

C. DOCUMENTATION REQUIREMENTS

To receive your reward, you must provide the following documentation:

Required for All Transactions:

1. Complete, final Settlement Statement (HUD-1) or Closing Disclosure (CD)

2. Proof of transaction closing (deed, title transfer documentation, etc.)

3. Completed W-9 form for tax reporting purposes

4. Any state-specific documentation required by law

May Be Required:

1. Proof of identity (driver's license, passport, etc.)

2. Proof of address for check delivery

3. Verification of affiliation with Partner Organization (if applicable)

4. Additional documentation requested by Nexus Real Estate to verify eligibility

5. Lender approval documentation (if applying reward at closing)

Your Responsibilities:

• Provide complete and accurate documentation

• Submit documentation within 30 days of closing

• Respond promptly to requests for additional information

• Maintain accurate contact information for reward delivery

D. DELAYS IN PROCESSING

Reward processing may be delayed if:

1. Documentation is incomplete, illegible, or incorrect

2. The Service Fee has not been paid by your broker

3. Additional verification is needed to confirm eligibility

4. There are questions about whether the transaction qualifies

5. State-specific approval processes are required

6. Tax documentation is incomplete

Nexus Real Estate will make reasonable efforts to notify you of any delays and the reasons for such delays.

E. FAILURE TO RECEIVE REWARD

If you do not receive your reward within the specified timeframe:

1. Verify that you provided all required documentation

2. Confirm that your contact information on file is correct

3. Check whether your broker paid the Service Fee in full

4. Contact Nexus Real Estate customer service for assistance

5. Allow reasonable time for investigation and resolution

F. NO REWARD - FAILURE OF CONDITIONS

No reward will be provided under any circumstances if:

1. Your broker does not pay the contracted Service Fee in full

2. The transaction does not close successfully

3. The transaction is determined to be an excluded transaction type

4. You are found to have provided false or misleading information

5. You violate any term or condition of this Agreement

6. The transaction is in a state where rewards are prohibited

G. PARTIAL REWARDS

If the Service Fee received by Nexus Real Estate is less than the scheduled benefit amount:

1. Nexus Real Estate may reduce the reward proportionally

2. You will be notified of the reduction and the reason

3. The reduced amount will be based on the actual Service Fee received

4. No additional reward will be provided beyond what the Service Fee supports

H. RETURNED OR UNDELIVERABLE REWARDS

If a reward check or gift card is returned as undeliverable:

1. Nexus Real Estate will attempt to contact you using available contact information

2. You have 90 days from the date of attempted delivery to provide a correct address

3. After 90 days, unclaimed rewards may be forfeited

4. Nexus Real Estate is not responsible for rewards lost due to incorrect address information you provided

I. REWARD DELIVERY CONFIRMATION

For checks and gift cards sent via mail:

1. Nexus Real Estate will maintain records of mailing dates

2. You are responsible for notifying Nexus Real Estate if you do not receive the reward within a reasonable time after mailing

3. Nexus Real Estate may require a waiting period before issuing a replacement for lost rewards

4. Replacement rewards may be subject to additional verification requirements

J. CHANGES TO DISTRIBUTION METHODS

Nexus Real Estate reserves the right to:

1. Change distribution methods as laws or circumstances change

2. Use alternative distribution methods if preferred methods are unavailable

3. Require specific distribution methods for specific transaction types or states

4. Update distribution procedures to improve efficiency or comply with regulations

You will be notified of the distribution method applicable to your specific transaction.

13. Reward Validity and Expiration

A. ENROLLMENT VALIDITY PERIOD

Your enrollment in the Nexus Real Estate program and eligibility for rewards is valid for a limited time period:

1. Initial Validity Period: Your enrollment is valid for 18 months from the date of your initial enrollment.

2. Enrollment Date Defined: The enrollment date is the date on which you complete the enrollment process, whether through:

   • Online enrollment form submission

   • Telephone enrollment

   • In-person enrollment

   • Partner Organization enrollment platform

   • Any other enrollment method

3. Expiration: If you do not complete a qualifying transaction within the 18-month validity period, your enrollment will expire and you will no longer be eligible for rewards.

B. RE-ENROLLMENT REQUIREMENTS

After the 18-month validity period expires:

1. Re-Enrollment Necessary: You must re-enroll in the program to continue being eligible for rewards.

2. Re-Enrollment Process: Re-enrollment requires:

   • Submitting a new enrollment form

   • Providing updated information

   • Agreeing to the then-current terms and conditions

   • Being assigned a new agent (if your previous agent is no longer available)

3. No Automatic Renewal: Enrollment does not automatically renew. You must take affirmative action to re-enroll.

4. New Terms Apply: When you re-enroll, you agree to the terms and conditions in effect at the time of re-enrollment, which may differ from the terms of your original enrollment.

C. ACTIVE TRANSACTIONS AT EXPIRATION

If your enrollment period expires while a transaction is in progress:

1. Pre-Contract: If you have not yet entered into a contract to buy or sell property before your enrollment expires, you must re-enroll to be eligible for rewards.

2. Under Contract: If you have an active, executed contract before your enrollment expires:

   • Your original enrollment remains valid for that specific transaction

   • You remain eligible for rewards for that transaction under your original enrollment terms

   • The transaction must close within a reasonable time period (typically within an additional 6 months)

3. Proof Required: You may need to provide documentation proving that your contract was executed before the enrollment expiration date.

D. MULTIPLE TRANSACTIONS

1. Separate Transactions: Each property purchase or sale is treated as a separate transaction.

2. Single Enrollment for Multiple Transactions: Your enrollment covers multiple transactions during the 18-month validity period, but each transaction must:

   • Close within the 18-month period, OR

   • Be under contract before the expiration date

   • Independently satisfy all eligibility requirements

   • Use a participating agent from the Nexus Real Estate network

3. Buy and Sell: If you are both buying and selling:

   • One enrollment covers both transactions

   • Both transactions must occur within the 18-month validity period (or be under contract before expiration)

   • Each transaction earns its own separate reward

E. EXTENSION OF VALIDITY PERIOD

Nexus Real Estate may, at its sole discretion:

1. Extend the validity period for specific users or situations

2. Grant extensions for circumstances beyond your control

3. Offer extended validity periods as part of promotional programs

4. Extend validity for Partner Organization programs

Any extension must be granted in writing by Nexus Real Estate. Verbal extensions or representations by agents are not binding.

F. NOTIFICATION OF EXPIRATION

Nexus Real Estate will make reasonable efforts to notify you before your enrollment expires, but:

1. Failure to receive notification does not extend the validity period

2. You are responsible for tracking your enrollment expiration date

3. Notification may be sent via email to the address you provided

4. You should contact Nexus Real Estate if you are uncertain about your enrollment status

G. NO REFUND OR COMPENSATION

If your enrollment expires without completing a qualifying transaction:

1. No refund or compensation is provided

2. No rewards or benefits are earned

3. You have no claim against Nexus Real Estate for rewards

4. You may re-enroll at any time subject to the then-current terms

H. ENROLLMENT RECORDS

Nexus Real Estate maintains records of:

1. Your enrollment date

2. Your enrollment expiration date

3. Any extensions granted

4. Any re-enrollments

You may request confirmation of your enrollment status at any time by contacting Nexus Real Estate.

14. Terms for Sellers and Buyers of Real Estate

A. INFORMATION SHARING AND AGENT MATCHING

When you submit information to Nexus Real Estate through any means (including but not limited to website forms, mobile application, email, phone calls, text messages, in-person interactions, or partner enrollment platforms), you expressly agree and authorize the following:

1. Information Sharing: Nexus Real Estate may share your information with one or more professional real estate agents or brokers who are associated with Nexus Real Estate's Broker Referral Network for the purpose of making an appropriate match between you and an agent.

2. Purpose of Sharing: Information is shared solely for the purposes of:

   • Identifying an agent with appropriate expertise for your needs

   • Facilitating an introduction between you and the agent

   • Enabling the agent to contact you to discuss your real estate needs

   • Processing your enrollment in the reward program

   • Administering the program and distributing rewards

3. Types of Information Shared: Information shared with agents may include:

   • Your name and contact information

   • Property search criteria or listing details

   • Timeline for buying or selling

   • Financing information (if provided)

   • Special requirements or preferences

   • Any other information you provide during enrollment

B. MATCHING PROCESS

1. Agent Selection: Nexus Real Estate will select an agent from its Broker Referral Network based on:

   • Geographic location and market expertise

   • Agent availability and capacity

   • Your specific needs and requirements

   • Agent performance and track record

   • Partner Organization requirements (if applicable)

2. No Guarantee of Specific Agent: Nexus Real Estate does not guarantee that you will be matched with any specific agent or that any particular agent will be available.

3. Agent Changes: If the initially assigned agent is unable to serve you, Nexus Real Estate may:

   • Assign a different agent from the network

   • Assist you in finding an alternative qualified agent

   • Work with you to identify an acceptable solution

4. Your Right to Decline: You have the right to decline to work with any agent matched to you by Nexus Real Estate. However:

   • You must use an agent from the Nexus Real Estate Broker Referral Network to qualify for rewards

   • If you decline the matched agent, Nexus Real Estate will attempt to match you with another agent from the network

   • You may not receive rewards if you choose to work with an agent outside the network

15. Communication Consent

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY. BY ENROLLING IN THE PROGRAM, YOU ARE PROVIDING EXPRESS CONSENT TO BE CONTACTED.

A. EXPRESS CONSENT TO COMMUNICATIONS

By submitting information to Nexus Real Estate and enrolling in the program, you expressly agree and consent to being contacted by:

• Nexus Real Estate

• Nexus Real Estate's real estate professionals, agents, and brokers

• Partner Organizations

• Third-party service providers working on behalf of Nexus Real Estate

B. METHODS OF COMMUNICATION

You consent to being contacted through any and all of the following methods:

1. Email

2. Telephone calls (including to mobile/cellular phones)

3. Text messages (SMS/MMS)

4. Postal mail

5. In-person visits

6. Any other reasonable means of communication

C. AUTODIALED AND PRERECORDED COMMUNICATIONS

Your consent specifically includes receiving:

1. Autodialed Calls: Calls made using an automatic telephone dialing system (autodialer), even if charges are incurred for the call.

2. Prerecorded Messages: Prerecorded or artificial voice messages.

3. Text Messages: Automated text messages, including appointment reminders, program updates, and marketing messages.

4. To Any Number Provided: Communications to any telephone number you have provided, including:

   • Mobile/cellular phone numbers

   • Landline numbers

   • Numbers registered on Do Not Call lists

   • Work phone numbers

D. DO NOT CALL LIST

IMPORTANT: You expressly consent to receiving calls and text messages even if any telephone number you have provided is registered on:

• The National Do Not Call Registry

• State Do Not Call lists

• Company-specific Do Not Call lists

• Any other Do Not Call registry

Your enrollment in this program constitutes an established business relationship that permits us to contact you notwithstanding your presence on any Do Not Call list.

E. POTENTIAL CHARGES

You understand and agree that:

1. Your mobile carrier may charge you for calls or text messages you receive

2. You are responsible for any charges incurred from communications you receive

3. Message and data rates may apply

4. Nexus Real Estate is not responsible for any charges you incur

F. FREQUENCY OF COMMUNICATIONS

You may receive:

1. Multiple communications during the enrollment and matching process

2. Regular updates during your active transaction

3. Follow-up communications after closing

4. Marketing and promotional communications about services and programs

5. Requests for feedback or reviews

The frequency of communications will vary depending on your transaction status and needs.

G. CONSENT NOT REQUIRED FOR SERVICES

IMPORTANT: You understand that your consent to receiving communications (including autodialed calls, prerecorded messages, and text messages) is NOT a condition of receiving Nexus Real Estate's services.

If you prefer not to receive automated communications, you may still access Nexus Real Estate's services by:

1. Contacting Nexus Real Estate directly through non-automated means

2. Calling our customer service number

3. Visiting our offices in person

4. Using our website chat features

However, opting out of automated communications may result in delays in receiving important information about your transaction and program enrollment.

H. OPT-OUT AND UNSUBSCRIBE OPTIONS

You have the right to opt out of communications at any time:

1. Text Messages: Reply "STOP" to any text message to unsubscribe from text communications.

2. Email: Click the "unsubscribe" link in any email communication.

3. Phone Calls: Inform the caller that you wish to be placed on our Do Not Call list.

4. Written Request: Send a written request to opt out to: Nexus Real Estate

   Email to Nexus@nexus.realestate

   Mail to 205 River St, Haverhill, MA 01832

5. Important Limitations on Opt-Out:

• Opting out will stop marketing and promotional communications

• You will still receive essential communications related to active transactions and reward fulfillment

• Opting out may delay important information about your enrollment or transaction status

• You may miss time-sensitive information about your rewards or closing

I. UPDATING CONTACT INFORMATION

You have an obligation to:

1. Provide accurate contact information

2. Update your contact information if it changes

3. Notify Nexus Real Estate if a phone number is no longer in service

4. Ensure that contact information remains current throughout your transaction

Nexus Real Estate is not responsible for communications sent to outdated or incorrect contact information that you provided.

J. THIRD-PARTY COMMUNICATIONS

Your consent extends to:

1. Communications from agents and brokers in the Nexus Real Estate network

2. Communications from Partner Organizations (where applicable)

3. Communications from third-party service providers working with Nexus Real Estate

4. Communications from lenders, title companies, and other transaction participants (as facilitated by your agent)

16. Nexus Real Estate as Referral Service

CRITICAL UNDERSTANDING: PLEASE READ THIS SECTION CAREFULLY

A. REFERRAL SERVICE ONLY

NEXUS REAL ESTATE IS MERELY A REFERRAL SERVICE. Nexus Real Estate's role is limited to:

1. Connecting prospective buyers and sellers with licensed real estate agents

2. Facilitating introductions between clients and agents

3. Processing reward payments when transactions close successfully

4. Administering the reward program

B. NO BROKERAGE SERVICES

Nexus Real Estate does NOT:

1. Provide real estate brokerage services

2. Represent you as your agent or broker

3. Act as a buyer's agent or seller's agent

4. Negotiate on your behalf

5. Provide real estate advice or counsel

6. Make representations about properties

7. Conduct property showings

8. Prepare or review contracts

9. Handle earnest money or escrow

10. Perform any licensed real estate activities

C. SEPARATE LEGAL AGREEMENT WITH AGENT

All terms and conditions between you (as a home seller or buyer) and your real estate professional are governed by a separate legal agreement that:

1. Does NOT involve Nexus Real Estate

2. Is solely between you and the real estate professional

3. Is independent of this Agreement

4. Is governed by its own terms and conditions

5. May have different rights, obligations, and remedies

The typical agreements you will enter into with your agent include:

• For Buyers: Buyer Representation Agreement or Buyer Agency Agreement

• For Sellers: Listing Agreement or Seller Representation Agreement

D. NO ENDORSEMENT OF AGREEMENTS

Nexus Real Estate does NOT:

1. Endorse any legal agreements between you and real estate professionals

2. Validate the terms of representation agreements

3. Recommend specific agreement terms

4. Review or approve buyer or seller representation agreements

5. Provide legal advice regarding any agreement terms

E. LEGAL COUNSEL RECOMMENDED

IMPORTANT LEGAL NOTICE: You should consult your own attorney for:

1. Review of buyer or seller representation agreements

2. Review of purchase and sale contracts

3. Legal advice regarding your rights and obligations

4. Questions about real estate law in your jurisdiction

5. Any legal matters related to your real estate transaction

Nexus Real Estate does not provide legal services and nothing in this Agreement or in any communication from Nexus Real Estate should be construed as legal advice.

F. NO RESPONSIBILITY FOR AGENT CONDUCT

Nexus Real Estate is NOT responsible for:

1. The acts, omissions, or conduct of any referred agent or broker

2. The quality of services provided by any agent

3. The professional competence of any agent

4. Errors, negligence, or misconduct by any agent

5. Disputes between you and your agent

6. Breach of fiduciary duty by any agent

7. Violations of real estate regulations by any agent

8. Any losses you suffer due to agent conduct

G. AGENT INDEPENDENCE

All agents and brokers in the Nexus Real Estate Broker Referral Network are:

1. Independent contractors, not employees of Nexus Real Estate

2. Separately licensed real estate professionals

3. Subject to their own state licensing boards and regulations

4. Responsible for their own professional conduct and liability

5. Operating their own independent real estate businesses

H. NO CONTROL OR SUPERVISION

Nexus Real Estate does NOT:

1. Control how agents conduct their business

2. Supervise agents' daily activities

3. Manage agents' client relationships

4. Direct agents' professional decisions

5. Oversee agents' compliance with real estate laws

I. COMPLAINTS ABOUT AGENTS

If you have complaints about your agent's conduct:

1. Address concerns directly with the agent first

2. Contact the agent's broker or managing broker

3. File a complaint with your state real estate commission or licensing board

4. Seek legal counsel if you believe you have been harmed

5. You may notify Nexus Real Estate, but we cannot resolve disputes between you and your agent

J. NO GUARANTEES OR WARRANTIES

Nexus Real Estate makes NO guarantees or warranties regarding:

1. The outcome of your real estate transaction

2. Whether you will successfully buy or sell property

3. The price you will receive or pay

4. The timeline for completing your transaction

5. The quality of service from any referred agent

6. That you will be satisfied with your agent

7. That your transaction will close successfully

17. Agent Selection and Vetting

A. REFERRAL, NOT RECOMMENDATION

IMPORTANT DISTINCTION: Referrals provided by Nexus Real Estate through this program are NOT recommendations by Nexus Real Estate for any particular service provider and should not be considered as such.

A referral means only that:

1. The agent is part of the Nexus Real Estate Broker Referral Network

2. The agent has agreed to pay referral fees to Nexus Real Estate

3. The agent is licensed in your state

4. The agent has agreed to work with referred clients

A referral does NOT mean:

1. Nexus Real Estate endorses the agent's quality or competence

2. Nexus Real Estate guarantees the agent's performance

3. The agent is the "best" agent for your needs

4. The agent has any special qualifications

5. Nexus Real Estate has verified the agent's track record or reputation

B. YOUR RESPONSIBILITY TO VET AGENTS

YOU ARE SOLELY RESPONSIBLE FOR:

1. Vetting, evaluating, and selecting the service provider(s) that best suit your individual needs

2. Conducting your own due diligence on any referred agent

3. Verifying the agent's credentials, experience, and reputation

4. Checking the agent's licensing status with your state real estate commission

5. Reviewing the agent's track record and client reviews

6. Interviewing the agent to determine if they are a good fit

7. Making your own independent decision about whether to work with the agent

C. DUE DILIGENCE RECOMMENDATIONS

When evaluating any referred agent, you should consider:

1. Licensing Verification:

   • Verify the agent is currently licensed in your state

   • Check for any disciplinary actions or complaints

   • Confirm the agent's license status with your state real estate commission

2. Experience and Expertise:

   • Ask about the agent's experience in your market

   • Inquire about properties similar to yours that the agent has handled

   • Verify the agent's expertise in your specific transaction type

3. References and Reviews:

   • Request references from past clients

   • Check online reviews and ratings

   • Ask about the agent's reputation in the local market

4. Communication and Compatibility:

   • Assess whether the agent's communication style matches your preferences

   • Evaluate whether you feel comfortable working with the agent

   • Discuss expectations and working relationship upfront

5. Business Practices:

   • Understand the agent's typical commission structure

   • Review the agent's representation agreement carefully

   • Ask about the agent's support team and resources

D. NO IMPLIED QUALIFICATIONS

Nexus Real Estate makes no representations regarding:

1. Any agent's qualifications, experience, or expertise

2. Any agent's track record or success rate

3. Any agent's reputation or standing in the community

4. Any agent's client satisfaction levels

5. How any agent compares to other agents in the market

E. AGENT REPLACEMENT

If you are not satisfied with the agent matched to you:

1. You may request to be matched with a different agent in the Nexus Real Estate network

2. Nexus Real Estate will make reasonable efforts to accommodate your request

3. You must still use an agent from the Nexus Real Estate network to qualify for rewards

4. There is no guarantee that an alternative agent will be available

F. INDEPENDENT RELATIONSHIP

Remember that:

1. Your relationship with your agent is independent of your relationship with Nexus Real Estate

2. Issues with your agent should be addressed with the agent and their broker

3. Nexus Real Estate cannot intervene in disputes between you and your agent

4. Your agent's obligations to you are governed by your representation agreement, not this Agreement

18. Commission Negotiation Rights

A. EXPLICIT RESERVATION OF RIGHTS

You explicitly and expressly retain and reserve the absolute right to:

1. Negotiate Representation Agreements: Negotiate all terms of the buyer broker representation agreement or seller broker representation agreement with your assigned agent.

2. Negotiate Commissions: Negotiate all real estate commissions, fees, and compensation terms.

3. Discuss Terms: Discuss and agree upon specific terms of representation that suit your needs.

4. Seek Modifications: Request modifications to standard representation agreements.

5. Compare Options: Compare different representation options and commission structures.

B. ALL COMMISSIONS ARE NEGOTIABLE

IMPORTANT NOTICE: All real estate commissions and fees are negotiable between you and your agent. This includes:

1. Listing commissions (for sellers)

2. Buyer agent commissions

3. Additional fees for services

4. Commission splits between listing and buyer agents

5. Any other compensation arrangements

C. NO REQUIREMENT TO ACCEPT STANDARD TERMS

1. You are NOT required to accept any "standard" commission rate or term

2. You have the right to negotiate for lower commissions

3. You may discuss alternative compensation arrangements

4. You may request fee-for-service or unbundled service options

D. COMMISSION NEGOTIATIONS DO NOT AFFECT REWARDS

Important clarifications about how commission negotiations relate to rewards:

1. Reward Eligibility Maintained: Your right to negotiate commissions does not affect your eligibility for Nexus Real Estate rewards, PROVIDED THAT:

   • The agent still earns sufficient commission to pay the Service Fee to Nexus Real Estate

   • The transaction remains a qualifying transaction

   • All other terms and conditions are satisfied

   2. Service Fee Requirement: Remember that:

   • The agent must pay the full Service Fee to Nexus Real Estate for you to receive your reward

   • If reduced commissions mean the agent cannot or will not pay the full Service Fee, your reward may be reduced or eliminated

   • You should discuss with your agent how commission negotiations might affect the Service Fee

   3. Transparent Discussion: You are encouraged to have open discussions with your agent about:

   • Commission structures

   • How commissions relate to the Nexus Real Estate referral fee

   • How commission negotiations might affect your reward

   • Options that allow you to negotiate commissions while preserving your reward

E. NO PRICE FIXING

Nexus Real Estate does NOT:

1. Set commission rates

2. Require specific commission amounts

3. Dictate commission terms to agents

4. Engage in price fixing of any kind

5. Discourage commission negotiations

F. ANTICOMPETITIVE PRACTICES PROHIBITED

This program does not involve any:

1. Price fixing arrangements

2. Illegal restraints of trade

3. Anticompetitive agreements

4. Market allocation schemes

5. Group boycotts

All commission rates are determined through individual negotiations between you and your agent in a competitive marketplace.

19. Service Fee Requirements

A. SERVICE FEE DEFINED

The "Service Fee" is the referral fee paid by your agent or broker to Nexus Real Estate pursuant to a separate referral agreement between the agent/broker and Nexus Real Estate. This Service Fee:

1. Is paid by the agent, not by you

2. Is separate from the commission you may negotiate with the agent

3. Is typically a percentage of the agent's commission

4. Is the primary source of revenue for Nexus Real Estate's operations

5. Funds the rewards and rebates provided to clients

B. SERVICE FEE AS CONDITION FOR REWARDS

CRITICAL REQUIREMENT: Payment of the full Service Fee by your broker is an absolute condition for receiving any reward. Specifically:

1. Full Payment Required: Your broker must pay to Nexus Real Estate the FULL contracted Service Fee related to your transaction.

2. No Partial Service Fee: If the broker pays only a partial Service Fee, Nexus Real Estate may:

   • Reduce your reward proportionally

   • Decline to provide any reward

   • Exercise discretion based on the circumstances

3. No Service Fee, No Reward: If the broker pays no Service Fee whatsoever, you will receive no reward under any circumstances, regardless of the reason for non-payment.

C. SITUATIONS AFFECTING SERVICE FEE PAYMENT

The Service Fee may not be paid in full if:

1. The agent's commission is reduced below anticipated levels

2. The transaction type results in restricted commissions

3. The agent negotiates a significantly reduced commission with you

4. The transaction falls into an excluded category

5. The broker disputes the obligation to pay the Service Fee

6. The broker's business fails or files for bankruptcy

7. The broker refuses to pay for any reason

D. YOUR REWARD DEPENDS ON SERVICE FEE RECEIVED

Your reward amount is directly tied to the Service Fee actually received:

1. Standard Scenario: If the full Service Fee is paid, you receive the full scheduled reward amount (subject to state restrictions and maximum limits).

2. Reduced Service Fee: If a Service Fee less than the full amount is received, Nexus Real Estate has the right to reduce your reward to an amount equal to or less than the Service Fee received.

3. Proportional Reduction: Reductions will generally be proportional. For example:

   • If 50% of the Service Fee is paid, you might receive 50% of the scheduled reward

   • If 75% of the Service Fee is paid, you might receive 75% of the scheduled reward

   • Nexus Real Estate has discretion in determining the proportional amount

4. No Obligation to Supplement: Nexus Real Estate has no obligation to supplement or make up for shortfalls in Service Fee payments from other sources.

E. NOTIFICATION OF SERVICE FEE ISSUES

If there are issues with Service Fee payment:

1. Nexus Real Estate will make reasonable efforts to collect the full Service Fee from your broker

2. You will be notified if there are Service Fee payment issues that may affect your reward

3. You may be asked to provide additional documentation or information

4. Final determination of reward amount will be made after Nexus Real Estate's collection efforts are complete

F. NO DIRECT PAYMENT BY YOU

To be clear:

1. You do NOT pay the Service Fee directly to Nexus Real Estate

2. You have NO direct financial obligation to Nexus Real Estate for the Service Fee

3. The Service Fee is between Nexus Real Estate and your broker

4. You cannot make up for a shortfall in Service Fee payment by paying Nexus Real Estate directly

However, you may wish to discuss with your agent how commission negotiations might affect the Service Fee and, consequently, your reward.

G. DISPUTES BETWEEN NEXUS AND BROKER

If there is a dispute between Nexus Real Estate and your broker regarding Service Fee payment:

1. You are not a party to that dispute

2. The dispute is between Nexus Real Estate and the broker

3. Your reward may be delayed while the dispute is resolved

4. If the dispute is not resolved in Nexus Real Estate's favor, you may not receive a reward

5. Nexus Real Estate has no obligation to involve you in the dispute or provide you with details

H. BROKER BANKRUPTCY OR BUSINESS FAILURE

If your broker's business fails, files for bankruptcy, or otherwise becomes unable to pay the Service Fee:

1. Nexus Real Estate has no obligation to provide rewards if the Service Fee is not paid

2. You have no claim against Nexus Real Estate for rewards in this situation

3. Any claims you may have would be against the broker, not Nexus Real Estate

4. Nexus Real Estate may attempt to recover Service Fees through bankruptcy proceedings, but success is not guaranteed

20. Termination of Services

A. VOLUNTARY NATURE OF PARTICIPATION

Your participation in the Nexus Real Estate referral service and reward program is completely voluntary. You may choose to discontinue participation at any time.

B. TERMINATION BY YOU

You may terminate your participation in the program at any time by:

1. Written Notice: Providing written notice to Nexus Real Estate via:

   • Email to Nexus@nexus.realestate

   • Mail to 205 River St, Haverhill, MA 01832

   • Through the online account management portal (if available)

C. EFFECT OF YOUR TERMINATION

If you terminate your participation:

1. No Future Services: Nexus Real Estate will no longer provide referral services to you

2. No New Enrollments: You will not be eligible for new reward opportunities unless you re-enroll

3. Prior Referrals Still Effective: IMPORTANT: Any referrals that Nexus Real Estate has made to a real estate professional PRIOR TO termination remain effective. This means:

   • If you were already matched with an agent before termination, that agent may still contact you

   • If you continue with a transaction using the referred agent, you may still be eligible for rewards if all conditions are met

   • Termination does not void previous referrals or agreements already in place

4. Pending Transactions: If you have a transaction in progress at the time of termination:

   • The transaction may still qualify for rewards if all conditions are satisfied

   • You must still comply with all terms and conditions regarding that transaction

   • The reward is processed according to the normal timeline

D. TERMINATION BY NEXUS REAL ESTATE

Nexus Real Estate may terminate your participation at any time, with or without cause, by providing written notice. Nexus Real Estate may terminate immediately without notice if:

1. Violation of Terms: You violate any term or condition of this Agreement

2. False Information: You provide false, misleading, or inaccurate information

3. Fraudulent Conduct: You engage in fraudulent or deceptive conduct

4. Abuse of Program: You abuse or attempt to manipulate the program

5. Illegal Activity: You engage in illegal activity related to the program

6. Disruption: Your conduct disrupts Nexus Real Estate's operations or relationships with agents

7. Agent Request: Your assigned agent requests that Nexus Real Estate terminate the referral

8. Business Reasons: Nexus Real Estate decides to discontinue the program or service in your area

E. EFFECT OF NEXUS REAL ESTATE TERMINATION

If Nexus Real Estate terminates your participation:

1. Immediate Effect: Termination is effective immediately upon notice (or immediately without notice in cases of serious violations)

2. No Further Services: Nexus Real Estate will provide no further services to you

3. Forfeiture of Rewards: You may forfeit any pending rewards if termination is due to your violation of terms

4. Prior Referrals: Similar to voluntary termination, referrals made before termination remain effective

5. Pending Transactions: Nexus Real Estate has discretion to:

   • Allow pending transactions to proceed and honor rewards if all conditions are met

   • Deny rewards for pending transactions if termination was due to your misconduct

F. NO PENALTY FOR TERMINATION

If you terminate voluntarily and have not violated any terms:

1. You will not be penalized

2. You may re-enroll in the future (subject to acceptance by Nexus Real Estate)

3. Any rewards earned for completed transactions before termination will still be paid

G. PROGRAM DISCONTINUATION

Nexus Real Estate reserves the right to:

1. Discontinue the entire reward program at any time

2. Discontinue the program in specific states or markets

3. Modify the program substantially

4. Cease operations entirely

If the program is discontinued:

1. You will be notified in advance where possible

2. Transactions in progress will be honored according to the original terms where feasible

3. Nexus Real Estate may set a deadline for completing transactions to qualify for rewards

4. No rewards will be paid for transactions not meeting the deadline

21. Modifications to Terms

A. RIGHT TO MODIFY

You expressly agree and acknowledge that Nexus Real Estate may modify, amend, update, or change the terms and conditions of this Agreement and associated referral service at any time and for any reason, with or without notice.

B. TYPES OF MODIFICATIONS

Modifications may include, but are not limited to:

1. Changes to reward amounts or benefit schedules

2. Changes to eligibility requirements

3. Addition or removal of excluded transaction types

4. Changes to state-specific restrictions

5. Modifications to processing timelines

6. Changes to program rules or policies

7. Updates to legal terms and conditions

8. Changes to contact information or addresses

9. Any other modifications Nexus Real Estate deems necessary or appropriate

C. MODIFICATIONS WITHOUT NOTICE

Terms and conditions are subject to change without notice. This means:

1. Nexus Real Estate is not required to provide advance notice of all changes

2. Changes may be effective immediately upon posting to the website

3. You are responsible for regularly reviewing the terms and conditions for updates

4. Continued use of the service after changes are posted constitutes acceptance

D. NOTIFICATION OF SIGNIFICANT CHANGES

For significant changes that materially affect your rights or obligations, Nexus Real Estate will:

1. Make reasonable efforts to notify you in advance

2. Provide notification via email to the address on file

3. Post prominent notices on the website

4. Allow a reasonable period (typically 30 days) for you to review changes

5. Provide you with the option to discontinue the service if you do not agree with the changes

E. ACCEPTANCE OF MODIFICATIONS

Your continued use of any Nexus Real Estate services after changes are made or after the notification period (if provided) indicates:

1. You have received or had opportunity to review the modified terms

2. You understand the modified terms

3. You agree to be bound by the modified terms

4. You accept all changes without reservation

F. REJECTION OF MODIFICATIONS

If you do not agree with modifications to these Terms:

1. You may discontinue use of Nexus Real Estate services

2. You should notify Nexus Real Estate of your decision to terminate

3. Termination does not affect transactions already in progress (see Section 20)

4. You will not be eligible for future services under the program

G. MODIFICATIONS TO PENDING TRANSACTIONS

For transactions already in progress when modifications are made:

1. General Rule: Transactions that are under contract before the modification effective date will generally be governed by the terms in effect at the time of enrollment or contract execution.

2. Material Terms Protected: Material terms such as:

   • Benefit amounts based on property sale price

   • State-specific restrictions in effect at enrollment

   • Fundamental eligibility requirements

   ...will typically be honored for pending transactions.

3. Administrative Changes: Minor administrative changes (such as updated contact information, processing procedures, or clarifying language) will apply to all transactions including those in progress.

4. Exceptions: Nexus Real Estate reserves the right to apply modifications to pending transactions if:

   • Required by changes in law or regulation

   • Necessary to maintain program integrity

   • Needed to prevent fraud or abuse

   • The modification is beneficial to the user

H. NOTICE METHOD

When notice is provided, it may be delivered through:

1. Email to the address you provided during enrollment

2. Posting on the Nexus Real Estate website

3. Notice in your online account portal (if applicable)

4. Text message (for urgent changes)

5. Postal mail

6. Notification from your assigned agent

You agree that any of these methods constitutes adequate notice.

I. SUPERSEDING PROVISIONS

Each version of these Terms and Conditions supersedes all previous versions. In the event of a conflict between different versions:

1. The most recently posted version controls

2. The version in effect at the time of your enrollment controls for your specific transaction (subject to subsection G above)

3. Nexus Real Estate's interpretation of any ambiguity is final

J. CHECKING FOR UPDATES

You are encouraged to:

1. Periodically review these Terms and Conditions for updates

2. Check the "Last Updated" date at the top of this document

3. Contact Nexus Real Estate if you have questions about recent changes

4. Keep copies of the version applicable to your enrollment

22. Quality Assurance and Recording

A. TELEPHONE RECORDING CONSENT

For quality assurance, training, and customer service purposes, you expressly agree and consent that Nexus Real Estate may make digital recordings of telephone calls between:

1. You and Nexus Real Estate customer service representatives

2. You and Nexus Real Estate enrollment specialists

3. You and real estate professionals in the Nexus Real Estate network (when such professionals choose to record)

4. Any other telephone communications related to the program

B. PURPOSES OF RECORDING

Recordings may be used for:

1. Quality Assurance: Ensuring customer service standards are met

2. Training: Training new employees and improving service delivery

3. Dispute Resolution: Resolving disputes about what was said during conversations

4. Verification: Verifying enrollment information and program terms discussed

5. Compliance: Ensuring compliance with legal and regulatory requirements

6. Record Keeping: Maintaining records of program participation and agreements

7. Security: Detecting and preventing fraud or abuse

C. RETENTION OF RECORDINGS

Recordings may be retained:

1. For reasonable periods determined by Nexus Real Estate

2. As required by applicable laws and regulations

3. As long as necessary for the purposes described above

4. In accordance with Nexus Real Estate's data retention policies

D. ACCESS TO RECORDINGS

Nexus Real Estate may:

1. Review recordings internally for quality assurance purposes

2. Share recordings with supervisors and managers

3. Use recordings for training purposes

4. Provide recordings to legal counsel if disputes arise

5. Provide recordings to law enforcement if required by law

6. Retain recordings as business records

You generally do not have a right to request copies of recordings, except as required by applicable law.

E. NOTICE OF RECORDING

When calls are being recorded:

1. You may hear an automated message at the beginning of the call notifying you of recording

2. Customer service representatives may notify you verbally that the call is being recorded

3. By continuing the call after notification, you consent to recording

4. Your enrollment and use of services constitutes advance consent to recording even if no per-call notice is provided

F. WITHDRAWAL OF CONSENT

If you do not wish to have your calls recorded:

1. You may request to discontinue a call that is being recorded

2. You may choose to communicate with Nexus Real Estate through non-recorded means such as email or postal mail

3. You acknowledge that opting out of recorded calls may:

   • Limit the support Nexus Real Estate can provide

   • Result in slower response times

   • Make dispute resolution more difficult

   • Affect Nexus Real Estate's ability to verify information

G. RECORDINGS BY AGENTS

Real estate professionals in the Nexus Real Estate network may independently choose to record calls with you:

1. Such recording is governed by the agent's own policies, not this Agreement

2. Agents are responsible for compliance with applicable recording laws in their jurisdiction

3. Nexus Real Estate is not responsible for agents' recording practices

4. You should ask your agent about their recording policies

H. STATE LAW COMPLIANCE

Call recording practices comply with applicable state and federal laws:

1. In "one-party consent" states, one party (either you or Nexus Real Estate) must consent to recording

2. In "two-party consent" or "all-party consent" states, all parties must consent to recording

3. By agreeing to these Terms, you provide your consent where required

4. Nexus Real Estate will provide additional notice where required by state law

23. Intellectual Property Rights

A. OWNERSHIP OF INTELLECTUAL PROPERTY

All intellectual property rights in and to the Nexus Real Estate website, mobile application, content, services, and materials (collectively, "Nexus IP") are owned by Nexus Real Estate or its licensors. Nexus IP includes, but is not limited to:

1. Trademarks, service marks, logos, and trade names

2. Website design, layout, and user interface

3. Text, graphics, images, photographs, and illustrations

4. Software, code, and algorithms

5. Audio and video content

6. Data compilation and databases

7. Marketing materials and promotional content

8. Program names and branding

9. All other copyrightable or otherwise protectable materials

B. LIMITED LICENSE TO USE

Subject to your compliance with these Terms, Nexus Real Estate grants you a limited, non-exclusive, non-transferable, revocable license to:

1. Access and use the website and mobile application for personal, non-commercial purposes

2. View and download informational materials for personal reference

3. Use the services as intended for your real estate transaction

This license does NOT permit you to:

1. Reproduce, duplicate, copy, or resell any part of the website or services

2. Modify, create derivative works, or reverse engineer any materials

3. Use any Nexus IP for commercial purposes

4. Remove or alter copyright, trademark, or other proprietary notices

5. Frame or mirror any content without written permission

C. TRADEMARKS

"Nexus Real Estate" and related marks, logos, and service names are trademarks or registered trademarks of Nexus Real Estate. You may not use these marks without prior written permission from Nexus Real Estate.

Other trademarks, service marks, logos, and company names mentioned on the website or in materials are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Nexus Real Estate.

D. COPYRIGHT PROTECTION

All original content on the Nexus Real Estate website and in Nexus Real Estate materials is protected by copyright law. Unauthorized reproduction, distribution, modification, public display, or public performance of copyrighted materials is prohibited.

E. DMCA COMPLIANCE

Nexus Real Estate's policy is to respond to claims of intellectual property infringement. Nexus Real Estate complies with the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, Section 512(c)(2), and other applicable intellectual property laws.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

2. A description of the copyrighted work that you claim has been infringed

3. A description of where the material that you claim is infringing is located on the site

4. Your address, telephone number, and email address

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Designated Copyright Agent: Nexus Real Estate Attention: Copyright Agent
Address: 205 River St, Haverhill, MA 01832
Email: Nexus@Nexus.realestate

F. COUNTER-NOTIFICATION

If you believe that content you posted was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with our copyright agent containing:

1. Your physical or electronic signature

2. Identification of the content that has been removed or disabled and the location where it appeared

3. A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification

4. Your name, address, telephone number, and email address

5. A statement that you consent to the jurisdiction of federal court in your district, and that you will accept service of process from the person who filed the original DMCA notice

G. REPEAT INFRINGERS

Nexus Real Estate will, in appropriate circumstances, terminate the accounts of users who are repeat infringers of intellectual property rights.

H. USER-GENERATED CONTENT

If you submit any content to Nexus Real Estate (such as reviews, testimonials, photos, or feedback), you grant Nexus Real Estate a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and display such content for business purposes, including marketing and promotional activities.

You represent and warrant that:

1. You own or have the necessary rights to any content you submit

2. Your content does not infringe any third party's rights

3. Your content does not violate any applicable laws

I. ENFORCEMENT

Nexus Real Estate reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including:

1. Reporting violations to law enforcement authorities

2. Seeking injunctive relief

3. Pursuing damages for infringement

4. Terminating user accounts

24. Third Party Content and Links

A. THIRD PARTY ADVERTISEMENTS AND LINKS

The Nexus Real Estate website, mobile application, and other materials may contain:

1. Third party advertisements

2. Links to third party websites

3. References to third party products or services

4. Content provided by third parties

B. NO REPRESENTATION OR WARRANTY

Nexus Real Estate does NOT:

1. Make any representation as to the accuracy of information contained in third party advertisements or sites

2. Make any representation as to the suitability of third party products or services

3. Endorse or recommend third party sites, products, or services

4. Accept any responsibility or liability for the conduct or content of third parties

5. Guarantee the quality, reliability, or availability of third party offerings

6. Control or monitor third party websites

C. NOT AN ENDORSEMENT

The presence of third party advertisements, links, or references does NOT constitute:

1. An endorsement by Nexus Real Estate of the third party

2. A recommendation of the third party's products or services

3. A warranty regarding the third party's reliability or quality

4. Approval of the third party's business practices

5. Any affiliation or relationship beyond what is explicitly stated

D. NO RESPONSIBILITY FOR THIRD PARTY CONTENT

Nexus Real Estate takes NO responsibility for:

1. The content of advertisements or linked sites

2. Promises made by third party advertisers

3. The quality or reliability of products or services offered by third parties

4. Fulfillment of third party obligations

5. Disputes between you and any third party

6. Loss or damage resulting from your interactions with third parties

7. Privacy practices of third party sites

E. USER RISK AND RESPONSIBILITY

When you click on third party links or engage with third party advertisers:

1. You leave the Nexus Real Estate platform

2. You are subject to the third party's terms and conditions

3. You are subject to the third party's privacy policy

4. You interact with the third party at your own risk

5. You are responsible for evaluating the third party's offerings

6. Nexus Real Estate has no control over your experience with the third party

F. SPECIFIC THIRD PARTY RELATIONSHIPS

Partner Organizations: When you access Nexus Real Estate through a Partner Organization:

1. The Partner Organization is a separate entity

2. The Partner Organization's terms and policies may also apply

3. Nexus Real Estate and the Partner Organization are independent entities

4. Neither entity is responsible for the other's actions or omissions

Agents and Brokers: Real estate agents and brokers in the Nexus Real Estate network are independent third parties (see Section 16).

Lenders and Financial Institutions: Mortgage lenders, banks, and financial institutions are independent third parties:

1. Nexus Real Estate does not provide lending services

2. Loan terms and approval are at the lender's sole discretion

3. Nexus Real Estate has no control over lending decisions or practices

Title Companies and Service Providers: Title companies, inspectors, appraisers, and other service providers are independent third parties selected by you or your agent, not by Nexus Real Estate.

G. INVESTIGATION OF THIRD PARTIES

You are strongly encouraged to:

1. Research any third party before engaging with them

2. Read reviews and check ratings

3. Verify credentials and licensing where applicable

4. Review terms, conditions, and privacy policies

5. Understand refund and return policies

6. Use caution when providing personal or financial information

H. REPORTING CONCERNS

If you encounter inappropriate third party content or believe a third party link is harmful:

1. Notify Nexus Real Estate so we can review

2. Nexus Real Estate will investigate and may remove links or content

3. However, Nexus Real Estate is not obligated to monitor all third party content

4. Removal decisions are at Nexus Real Estate's sole discretion

I. CHANGES TO THIRD PARTY RELATIONSHIPS

Nexus Real Estate may:

1. Add or remove third party advertisers at any time

2. Modify which third party links are displayed

3. Enter into or terminate relationships with third parties

4. Change the nature of third party integrations

J. THIRD PARTY BENEFICIARIES

Third parties are not beneficiaries of this Agreement and have no rights under this Agreement unless explicitly stated otherwise.

25. Accuracy of Information and Marketing Claims

A. REASONABLE EFFORTS FOR ACCURACY

Nexus Real Estate intends that the information provided through our services (including on our website, mobile application, in communications, and in marketing materials) be accurate and reliable. We make reasonable efforts to ensure accuracy.

B. NO GUARANTEE OF ACCURACY

However, errors sometimes occur. Nexus Real Estate does NOT guarantee:

1. The accuracy of any information available through our services

2. That all information is current and up-to-date

3. That information is complete or comprehensive

4. That information is error-free

5. That information applies to your specific situation

C. CHANGES WITHOUT NOTICE

Nexus Real Estate may:

1. Make changes and improvements to information at any time

2. Update content without notice

3. Correct errors when discovered

4. Remove outdated information

D. NOT RESPONSIBLE FOR ERRORS

Nexus Real Estate is NOT responsible for:

1. Any errors, inaccuracies, or omissions in information

2. Misrepresentations in content

3. Outdated information that has not yet been updated

4. Typographical or technical errors

5. Damages resulting from reliance on inaccurate information

E. INDEPENDENT VERIFICATION REQUIRED

IMPORTANT: Any information provided should be independently verified. You should:

1. Verify factual information from authoritative sources

2. Confirm program details with Nexus Real Estate representatives

3. Verify state-specific restrictions with your agent

4. Confirm reward amounts and eligibility before relying on them

5. Seek professional advice for important decisions

F. MARKETING CLAIMS AND SAVINGS ESTIMATES

IMPORTANT NOTICE REGARDING SAVINGS CLAIMS:

Marketing statements or assertions made by Nexus Real Estate related to the amount of savings a homeowner might obtain through use of our services are:

1. Based on Assumptions: Premised upon mathematical assumptions and hypotheticals that may not be applicable to every situation or to your specific situation.

2. Internal Analysis: Based upon Nexus Real Estate's own internal analysis of home sales and commission data from various markets and time periods.

3. Not Universally Accurate: May not be universally accurate and should not be relied upon as a guarantee of savings you will achieve.

4. Illustrative Purpose: Intended only to illustrate the general financial distinction between use of the "discount" real estate agent model versus use of the traditional real estate agent model, as those terms are used and explained on our website and materials.

5. Variable Results: Actual savings will vary significantly based on:

   • The commission rates you negotiate with your agent

   • The sale price of your property

   • Your geographic market

   • The specific terms of your transaction

   • Whether your transaction qualifies for rewards

   • State-specific restrictions

   • The Service Fee paid by your broker

G. "AVERAGE SAVINGS" DISCLAIMERS

Any statement about "average savings" or "typical savings" should be understood as:

1. An average across many transactions

2. Not applicable to every individual transaction

3. Dependent on many variable factors

4. Subject to all program terms and conditions

5. Not a guarantee or promise of specific savings for you

H. DUTY TO INQUIRE

Homeowners and buyers should:

1. Inquire with their real estate brokers or agents about potential savings

2. Ask for detailed explanations of commission structures

3. Compare multiple agents and commission options

4. Request specific information about how Nexus Real Estate rewards work

5. Understand all factors that might affect their actual savings

I. NO FINANCIAL ADVICE

Nexus Real Estate does NOT provide financial advice. Information about savings or costs is for informational purposes only and should not be considered:

1. Financial advice or planning

2. Tax advice

3. Investment advice

4. A recommendation to buy or sell property

5. Professional guidance tailored to your specific situation

J. MARKET CONDITIONS CHANGE

Information about real estate markets, commission structures, or savings opportunities:

1. May be based on historical data that may not reflect current conditions

2. Is subject to change as markets evolve

3. May not reflect conditions in your specific market or time period

4. Should be confirmed with current, local data

K. EXAMPLES AND ILLUSTRATIONS

Examples and illustrations provided in marketing materials:

1. Are hypothetical and for illustration purposes only

2. May not reflect typical results

3. Are not guarantees of outcomes

4. Should not be relied upon as predictions of your results

5. May include assumptions that are clearly stated or may be unstated

L. RELIANCE AT YOUR OWN RISK

You rely on any information, marketing claims, or savings estimates at your own risk. Nexus Real Estate is not liable for decisions you make based on such information.

26. Limitation of Liability

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS NEXUS REAL ESTATE'S LIABILITY TO YOU

A. MAXIMUM LIABILITY CAP

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXUS REAL ESTATE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF:

1. The amount actually paid to you by Nexus Real Estate in rewards or benefits (if any), OR

2. ONE HUNDRED DOLLARS ($100.00)

B. TYPES OF DAMAGES EXCLUDED

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXUS REAL ESTATE SHALL NOT BE LIABLE FOR ANY:

1. Indirect Damages: Any indirect, incidental, special, consequential, exemplary, or punitive damages

2. Lost Profits or Revenue: Any loss of profits, revenue, business opportunities, or anticipated savings

3. Loss of Data: Any loss, corruption, or unauthorized access to data, files, or information

4. Loss of Use: Any loss of use of the website, services, or any connected systems

5. Business Interruption: Any business interruption or work stoppage

6. Goodwill: Any loss of goodwill or damage to reputation

7. Intangible Losses: Any other intangible losses

THESE LIMITATIONS APPLY REGARDLESS OF WHETHER:

• Nexus Real Estate was advised of the possibility of such damages

• Such damages were reasonably foreseeable

• The damages arise in contract, tort, negligence, strict liability, or any other legal theory

• The limited remedies provided herein fail of their essential purpose

C. DIRECT DAMAGES

Even for direct damages, Nexus Real Estate's liability is limited to the amounts specified in subsection A above.

D. NO LIABILITY FOR THIRD PARTIES

Nexus Real Estate is NOT liable for:

1. Acts, omissions, or conduct of real estate agents or brokers

2. Acts, omissions, or conduct of Partner Organizations

3. Acts, omissions, or conduct of any other third parties

4. The quality, accuracy, or reliability of third party services

5. Breach of contract or fiduciary duty by third parties

6. Negligence or misconduct of third parties

E. NO LIABILITY FOR TRANSACTION OUTCOMES

Nexus Real Estate is NOT liable for:

1. Whether you successfully buy or sell property

2. The price you receive or pay for property

3. The terms of your real estate transaction

4. Delays in closing or transaction failures

5. Title defects or property condition issues

6. Financing problems or loan denial

7. Market conditions or property value changes

8. Any aspect of the actual real estate transaction

F. NO LIABILITY FOR REWARDS

Subject to the cap in subsection A, Nexus Real Estate is NOT liable for:

1. Failure to receive rewards if conditions are not satisfied

2. Delays in reward processing beyond the stated timeline

3. Reduced rewards due to Service Fee shortfalls

4. State restrictions that limit or prohibit rewards

5. Lender restrictions that affect reward distribution

6. Tax consequences of receiving rewards

G. ALLOCATION OF RISK

You acknowledge and agree that:

1. The limitations of liability in this section are fundamental elements of the bargain between you and Nexus Real Estate

2. Nexus Real Estate would not provide the services without these limitations

3. The limitations reflect a reasonable allocation of risk between the parties

4. You have had the opportunity to review these limitations and agree to them

H. INAPPLICABILITY IN SOME JURISDICTIONS

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations on liability. In such jurisdictions:

1. These limitations may not apply to you

2. Nexus Real Estate's liability will be limited to the maximum extent permitted by applicable law

3. If any limitation is found unenforceable, Nexus Real Estate's liability will not exceed $500 for any and all claims

I. SEPARATE CAUSES OF ACTION

These limitations apply separately to each cause of action. Each separate claim or cause of action is subject to the liability cap independently.

J. ACKNOWLEDGMENT

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SECTION, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.

27. Indemnification

A. YOUR INDEMNIFICATION OBLIGATION

You agree to indemnify, defend, and hold harmless Nexus Real Estate, its officers, directors, employees, agents, affiliates, partners, contractors, and licensors (collectively, "Nexus Indemnitees") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees, expert fees, and court costs) arising out of or in any way connected with:

1. Your Use of the Service: Your access to or use of the Service, website, or mobile application

2. Violation of Terms: Your violation of any term or condition of this Agreement

3. Violation of Law: Your violation of any applicable law, regulation, or ordinance

4. Violation of Rights: Your violation of any rights of another party, including:

   • Intellectual property rights

   • Privacy rights

   • Contractual rights

   • Other legal or equitable rights

5. Information You Provide: Any information, content, or materials you provide to Nexus Real Estate, including:

   • False, inaccurate, or misleading information

   • Information that infringes third party rights

   • Information that violates applicable laws

6. Your Real Estate Transaction: Any disputes arising from your real estate transaction, including:

   • Disputes with your agent or broker

   • Disputes with other parties to the transaction

   • Claims related to the property

   • Claims related to the transaction terms

7. Your Relationship with Third Parties: Your interactions or relationships with:

   • Real estate agents or brokers

   • Partner Organizations

   • Other users

   • Any other third parties encountered through the Service

8. Your Negligence or Misconduct: Any negligent, reckless, or intentional misconduct by you

B. DEFENSE OF CLAIMS

Your indemnification obligation includes the duty to defend. This means:

1. You must provide a defense to claims against Nexus Indemnitees

2. You must retain competent legal counsel to defend such claims

3. You must pay all costs of defense, including attorneys' fees

4. The defense must be provided promptly upon notice of a claim

C. CONTROL OF DEFENSE

Nexus Real Estate reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case:

1. You will cooperate fully with Nexus Real Estate in the defense

2. You will not settle any claim without Nexus Real Estate's prior written consent

3. You remain liable for all costs and damages

D. NO SETTLEMENT WITHOUT CONSENT

You may not settle any claim that affects Nexus Real Estate without Nexus Real Estate's prior written consent, which may be withheld for any reason.

E. NOTICE OF CLAIMS

Nexus Real Estate will:

1. Provide you with prompt notice of any claim subject to indemnification

2. Provide reasonable cooperation in the defense (at your expense)

3. Allow you to control the defense and settlement (subject to subsection C)

F. SURVIVAL

Your indemnification obligations survive:

1. Termination of this Agreement

2. Your cessation of use of the Service

3. Completion of any real estate transaction

4. Any other termination of the relationship between you and Nexus Real Estate

G. SCOPE

The indemnification obligation is:

1. Unlimited in amount

2. Covers all types of claims and damages

3. Includes pre-judgment and post-judgment interest

4. Includes all costs of collection and enforcement

H. MULTIPLE CLAIMS

If there are multiple claims, each claim is subject to separate indemnification. The indemnification obligation applies fully to each separate claim.

28. Dispute Resolution and Arbitration

IMPORTANT: THIS SECTION CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

A. AGREEMENT TO ARBITRATE

You and Nexus Real Estate agree that any dispute, claim, or controversy arising out of or relating to:

1. This Agreement

2. Your use of Nexus Real Estate's services

3. The breach, termination, enforcement, interpretation, or validity of this Agreement

4. The determination of the scope or applicability of this agreement to arbitrate

5. Any aspect of the relationship between you and Nexus Real Estate

...shall be determined by binding arbitration rather than in court, except as set forth below.

B. ARBITRATION RULES

The arbitration shall be:

1. Conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA")

2. Governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.)

3. Held before a single neutral arbitrator

4. Conducted in the English language

C. ARBITRATION LOCATION

The arbitration shall take place at a location mutually agreed upon by both parties. If the parties cannot agree on a location:

1. The arbitration shall take place in the county where you reside

2. Or, at Nexus Real Estate's option, the arbitration may be conducted telephonically or via video conference

D. ARBITRATION COSTS

1. Filing Fees: Each party shall pay their own arbitration filing fees

2. Arbitrator Fees: The arbitrator's fees and expenses shall be split equally between the parties, unless the arbitrator determines that one party should bear a greater share

3. Attorney Fees: Each party shall pay their own attorney fees and expenses, unless the arbitrator awards attorney fees to the prevailing party pursuant to applicable law

4. Small Claims: For claims under $10,000, Nexus Real Estate will reimburse your filing fees and pay the arbitrator's fees if you prevail in the arbitration

E. ARBITRATION PROCEDURES

1. Initiation: Either party may initiate arbitration by filing a demand for arbitration with the AAA and providing notice to the other party

2. Discovery: Discovery shall be limited as determined by the arbitrator, generally more limited than in court proceedings

3. Hearing: An in-person, telephonic, or video conference hearing will be held if requested by either party; otherwise the arbitration may be conducted based on written submissions

4. Decision: The arbitrator shall issue a written decision including findings of fact and conclusions of law

5. Timeline: The arbitration shall be concluded within 180 days of filing unless extended by the arbitrator for good cause

F. ARBITRATOR AUTHORITY

The arbitrator shall have the authority to:

1. Grant any remedy or relief that would be available in court under applicable law

2. Award damages, injunctive relief, and declaratory relief

3. Award attorney fees and costs if authorized by law or this Agreement

4. Issue rulings on discovery disputes

5. Compel the production of documents and witnesses

The arbitrator shall NOT have the authority to:

1. Award punitive or exemplary damages unless authorized by applicable law

2. Conduct a class or representative arbitration

3. Consolidate multiple parties' claims without all parties' consent

4. Issue rulings that affect persons other than the parties to the arbitration

G. ARBITRATION AWARD AND ENFORCEMENT

1. Final and Binding: The arbitrator's decision is final and binding on both parties

2. Limited Appeal: The arbitration award may be entered as a judgment in any court having jurisdiction thereof

3. Judicial Review: Judicial review of an arbitration award is extremely limited under the Federal Arbitration Act

4. Enforcement: Either party may seek enforcement of the arbitration award in any court of competent jurisdiction

H. EXCEPTIONS TO ARBITRATION

Notwithstanding the agreement to arbitrate, either party may:

1. Small Claims Court: Bring an individual action in small claims court if the claim qualifies and remains in small claims court

2. Injunctive Relief: Seek injunctive or equitable relief in court to:

   • Prevent actual or threatened infringement or misappropriation of intellectual property rights

   • Prevent disclosure of confidential information or trade secrets

   • Enforce the arbitration agreement

3. Provisional Remedies: Seek provisional or ancillary remedies from a court in aid of arbitration

I. OPT-OUT RIGHT

You have the right to opt out of this arbitration agreement:

1. Opt-Out Period: You may opt out within 30 days of first accepting these Terms or within 30 days of any material change to this arbitration provision

2. Opt-Out Method: To opt out, you must send written notice to: Nexus Real Estate Attention: Arbitration Opt-Out
   Address: 205 River St, Haverhill, MA 01832
   Email: Nexus@nexus.realestate

3. Required Information: Your opt-out notice must include:

   • Your name

   • Address

   • Email address

   • Phone number

   • A clear statement that you wish to opt out of the arbitration agreement

4. Effect of Opt-Out: If you validly opt out:

   • This arbitration agreement will not apply to you

   • Disputes will be resolved in court

   • All other terms of this Agreement remain in effect

J. MODIFICATION OF ARBITRATION TERMS

If Nexus Real Estate makes any material change to this arbitration provision, you may reject the change by sending written notice within 30 days of the change. Your rejection will apply only to that specific change; all other arbitration terms remain in effect.

K. SEVERABILITY OF ARBITRATION PROVISION

If any portion of this arbitration provision is found to be unenforceable:

1. The unenforceable portion will be severed

2. The remainder of the arbitration provision remains in effect

3. Exception: If the Class Action Waiver (Section 29) is found unenforceable, the entire arbitration provision (but not the rest of the Agreement) is void

29. Class Action Waiver

IMPORTANT: YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. PLEASE READ CAREFULLY.

A. INDIVIDUAL CLAIMS ONLY

YOU AND NEXUS REAL ESTATE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING.

B. NO CLASS, REPRESENTATIVE, OR COLLECTIVE ACTIONS

Unless both you and Nexus Real Estate agree otherwise in writing:

1. No Class Arbitrations: The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, representative, or consolidated arbitration proceeding.

2. No Class Actions in Court: If for any reason a claim proceeds in court rather than in arbitration, neither you nor Nexus Real Estate will participate in or be represented in any class, representative, or collective action.

3. Individual Relief Only: The arbitrator or court may award relief (including monetary, injunctive, or declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party's claim.

C. NO JOINDER OR CONSOLIDATION

Claims of multiple users or persons may not be:

1. Joined together in a single arbitration

2. Consolidated into a single proceeding

3. Arbitrated together in any manner

Unless all parties (including all users and Nexus Real Estate) consent to such joinder or consolidation in writing.

D. MASS ARBITRATION WAIVER

You agree not to participate in or bring:

1. Mass arbitration involving multiple claimants

2. Coordinated filings of arbitration demands by multiple claimants

3. Arbitrations brought with the intention or effect of overwhelming Nexus Real Estate with numerous similar claims

E. EFFECT OF WAIVER

By agreeing to this class action waiver:

1. You waive your right to participate in a class action lawsuit

2. You waive your right to participate in a class arbitration

3. You waive your right to participate in a representative action under any state law (such as California's Private Attorneys General Act)

4. You agree to bring only individual claims against Nexus Real Estate

F. UNDERSTANDING AND ACKNOWLEDGMENT

YOU UNDERSTAND AND AGREE THAT:

1. This provision limits your ability to bring claims with other users

2. You must bring claims individually

3. Pursuing claims individually may be more costly or less convenient

4. Individual claims may result in smaller recoveries than class claims

5. You are giving up potentially valuable rights by agreeing to this waiver

G. RIGHT TO REJECT CLASS ACTION WAIVER

You may reject this Class Action Waiver by opting out of the arbitration agreement entirely as described in Section 28(I). If you opt out of arbitration, you also opt out of the Class Action Waiver, and disputes will be resolved in court where class actions are possible (subject to applicable law and court rules).

H. SEVERABILITY

If a court or arbitrator finds the Class Action Waiver unenforceable for any reason:

1. Then the arbitration agreement in Section 28 is void and unenforceable in its entirety

2. Any dispute will be resolved in court rather than arbitration

3. All other provisions of this Agreement remain in effect

30. Warranty Disclaimer

IMPORTANT: NEXUS REAL ESTATE PROVIDES ITS SERVICES "AS IS" WITHOUT WARRANTIES. PLEASE READ CAREFULLY.

A. "AS IS" AND "AS AVAILABLE" BASIS

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

B. DISCLAIMER OF ALL WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEXUS REAL ESTATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

1. Merchantability: Warranties of merchantability or fitness for merchantable quality

2. Fitness for Particular Purpose: Warranties that the Service is fit for any particular purpose or will meet your specific needs

3. Title and Non-Infringement: Warranties of title or non-infringement of third party rights

4. Accuracy: Warranties that information provided is accurate, complete, or reliable

5. Availability: Warranties that the Service will be available, uninterrupted, or error-free

6. Security: Warranties that the Service is secure or free from viruses, malware, or other harmful components

7. Results: Warranties regarding any results that may be obtained from use of the Service

8. Quality: Warranties regarding the quality of the Service or any services provided by third parties

C. NO WARRANTY OF AGENT QUALITY

Nexus Real Estate makes NO warranties regarding:

1. The qualifications, competence, or performance of any referred agent

2. The outcome of your real estate transaction

3. The quality of services provided by agents or brokers

4. Whether any agent will meet your expectations

5. The conduct or ethics of any agent

D. NO WARRANTY OF REWARDS

Nexus Real Estate makes NO warranties that:

1. You will qualify for or receive any reward

2. Rewards will be paid within any specific timeframe

3. Rewards will be in any specific amount

4. The Program will continue to be available

5. State laws will continue to permit rewards

E. NO WARRANTY OF WEBSITE PERFORMANCE

Nexus Real Estate does NOT warrant that:

1. The website or mobile application will function without interruption

2. Defects will be corrected

3. The Service or servers are free of viruses or harmful components

4. The Service will meet your requirements

5. Information provided is complete or up-to-date

F. ASSUMPTION OF RISK

You acknowledge and agree that:

1. You use the Service at your own risk

2. You assume all risk for any damage that may result from your use of or access to the Service

3. You are solely responsible for any damage to your computer system or mobile device

4. You are solely responsible for any loss of data resulting from use of the Service

G. NO ADVICE OR INFORMATION CREATES WARRANTY

No advice or information, whether oral or written, obtained by you from Nexus Real Estate or through the Service will create any warranty not expressly stated in these Terms.

H. THIRD PARTY PRODUCTS AND SERVICES

Nexus Real Estate makes no warranties regarding:

1. Products or services offered by third parties

2. The accuracy of third party information

3. The reliability of third party websites or links

4. The conduct of Partner Organizations

5. Any aspect of third party services

I. APPLICABLE LAW

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions:

1. The above exclusions may not apply to you

2. You may have additional rights that vary by jurisdiction

3. The disclaimers will apply to the maximum extent permitted by applicable law

J. REGULATORY COMPLIANCE

While Nexus Real Estate endeavors to comply with applicable laws and regulations:

1. No warranty is made that the Service complies with laws in all jurisdictions

2. No warranty is made that the Service is appropriate for use in all locations

3. You are responsible for compliance with local laws

K. ACKNOWLEDGMENT

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS WARRANTY DISCLAIMER AND AGREE TO BE BOUND BY ITS TERMS.

31. Tax Implications and Reporting

IMPORTANT TAX NOTICE: PLEASE READ CAREFULLY AND CONSULT YOUR TAX ADVISOR

A. POTENTIAL TAXABLE INCOME

You acknowledge and understand that any rebates, rewards, cash back, gift cards, commission credits, or other benefits received through this Program (collectively, "Benefits") may be considered taxable income under federal and/or state tax laws.

B. TAX TREATMENT VARIES

The tax treatment of Benefits depends on multiple factors, including:

1. Federal tax laws and IRS regulations

2. State and local tax laws in your jurisdiction

3. The specific nature of the Benefit received

4. Your individual tax situation

5. How the Benefit is structured (cash vs. commission credit vs. gift card)

6. Whether you are a buyer or seller

7. Your overall income level and tax bracket

8. Other factors unique to your situation

C. NEXUS REAL ESTATE IS NOT A TAX ADVISOR

IMPORTANT: Nexus Real Estate:

1. Is NOT a tax advisor or accountant

2. Does NOT provide tax advice

3. Does NOT make representations about the tax treatment of Benefits

4. Does NOT guarantee any specific tax treatment

5. Cannot advise you on your specific tax obligations

D. FORM 1099 REPORTING

In accordance with IRS regulations:

1. Reporting Threshold: Nexus Real Estate will issue a Form 1099-MISC (or other appropriate tax form) for Benefits exceeding $600 in a calendar year where required by law if needed.

2. Information Required: To receive a Form 1099, you must:

   • Provide a completed W-9 form with your valid Social Security Number or Taxpayer Identification Number

   • Provide accurate name and address information

   • Cooperate with Nexus Real Estate's tax reporting requirements

3. Timing: Forms 1099 will be:

   • Issued by January 31st of the year following the year Benefits were paid

   • Mailed to the address on file with Nexus Real Estate

   • Filed with the IRS as required by law

4. Failure to Provide Information: If you fail to provide required tax information:

   • Nexus Real Estate may be required to withhold taxes from your Benefits (backup withholding)

   • Nexus Real Estate may delay or withhold Benefits until the required information is provided

   • Nexus Real Estate may report payments to the IRS using available information

E. YOUR TAX RESPONSIBILITIES

You are solely responsible for:

1. All tax obligations related to Benefits received

2. Reporting Benefits as income on your tax returns (if required)

3. Paying all applicable federal, state, and local taxes on Benefits

4. Maintaining records of Benefits received

5. Consulting with a qualified tax professional regarding your specific situation

6. Understanding the tax implications before participating in the Program

F. WITHHOLDING

Nexus Real Estate may be required to withhold taxes from Benefits in certain circumstances, including:

1. Backup withholding if you fail to provide a valid Taxpayer Identification Number

2. Backup withholding if the IRS notifies Nexus Real Estate that you are subject to backup withholding

3. Other withholding as required by applicable law

If withholding applies:

• The net Benefit you receive will be reduced by the amount withheld

• Withheld amounts will be remitted to the appropriate tax authority

• You will receive documentation of the amounts withheld for your tax records

G. STATE AND LOCAL TAXES

In addition to federal taxes:

1. State income taxes may apply to Benefits

2. Local taxes may apply in some jurisdictions

3. Tax treatment varies significantly by state

4. Some states may treat Benefits differently than federal tax law

You are responsible for understanding and complying with state and local tax obligations.

H. DIFFERENT TREATMENT FOR BUYERS VS. SELLERS

Tax treatment may differ depending on whether you are a buyer or seller:

For Buyers:

• Benefits may be treated as a reduction in purchase price (potentially affecting your tax basis in the property)

• Benefits may be treated as taxable income

• Treatment may depend on how the Benefit is structured and documented

For Sellers:

• Commission reductions may affect your taxable gain on the sale

• Benefits may be treated as additional proceeds from the sale

• Treatment may affect your capital gains calculation

I. GIFT CARDS

Gift cards provided as Benefits:

1. Are generally treated as taxable income at fair market value

2. May be subject to different reporting thresholds

3. May have different tax treatment than cash Benefits

J. NO TAX GROSS-UP

Nexus Real Estate does NOT provide any "tax gross-up" or additional payment to cover your tax obligations on Benefits. The Benefit amounts stated in this Agreement are the actual amounts you will receive, subject to any required withholding.

K. CONSULTATION WITH TAX PROFESSIONAL STRONGLY RECOMMENDED

NEXUS REAL ESTATE STRONGLY RECOMMENDS that you consult with a qualified tax professional, such as:

• A Certified Public Accountant (CPA)

• An Enrolled Agent

• A tax attorney

• Or other qualified tax advisor

...to understand:

• Whether Benefits are taxable in your situation

• How to properly report Benefits on your tax returns

• What records should you maintain

• Any tax planning strategies that may be available

• The impact of Benefits on your overall tax situation

L. INDEMNIFICATION FOR TAX MATTERS

You agree to indemnify and hold harmless Nexus Real Estate for:

1. Any taxes, penalties, or interest you owe related to Benefits

2. Any claims by tax authorities related to your tax obligations

3. Any failure by you to properly report or pay taxes on Benefits

M. CHANGES IN TAX LAW

Tax laws change frequently. Information provided about tax treatment:

1. Is based on current understanding of tax laws

2. May become outdated as laws change

3. May not reflect recent changes in tax laws or IRS guidance

4. Should be verified with a current tax professional

N. RECORD KEEPING

You should maintain records of:

1. All Benefits received, including dates and amounts

2. Forms 1099 received from Nexus Real Estate

3. Documentation of your real estate transaction

4. Any other records relevant to the tax treatment of Benefits

Retain these records for at least three years (or longer as advised by your tax professional).

O. REBATES AND TAX TREATMENT CLARIFICATION

In certain circumstances, real estate rebates or commission credits provided in connection with a home purchase may be treated under federal tax law as a reduction in the purchase price of the property rather than as taxable income. When structured and documented as a purchase price adjustment and reflected on the Settlement Statement or Closing Disclosure, such rebates are generally not considered taxable income to the buyer under current IRS guidance.

However, tax treatment depends on the form, timing, and structure of the benefit, including whether the benefit is:

• Applied as a credit at closing

• Paid in cash after closing

• Provided as a commission reduction

• Provided as a gift card or non-cash incentive

Seller benefits, commission reductions, post-closing payments, and gift cards may be treated differently for tax purposes and may constitute taxable income.

Nexus Real Estate does not guarantee that any rebate, reward, or benefit will be tax-exempt or non-taxable. Tax treatment may vary based on federal, state, and local laws and individual circumstances.

You are solely responsible for determining the tax consequences of any benefit received and are strongly encouraged to consult a qualified tax professional.

32. Assignment and Transfer

A. PROHIBITION ON YOUR ASSIGNMENT

You may NOT assign, transfer, delegate, or otherwise dispose of this Agreement or any rights or obligations hereunder, whether voluntarily or involuntarily, by operation of law or otherwise, without the prior written consent of Nexus Real Estate.

This prohibition applies to:

1. Assignment of the entire Agreement

2. Assignment of specific rights (such as the right to receive rewards)

3. Transfer to heirs or legal representatives (except as required by law)

4. Delegation of your obligations

5. Any attempted assignment by operation of law

6. Transfer as part of a sale of assets or business

7. Transfer in connection with a merger or acquisition

B. ATTEMPTED ASSIGNMENT VOID

Any attempted assignment, transfer, or delegation in violation of this section is void and of no effect. Nexus Real Estate will not recognize or honor any such purported assignment.

C. NEXUS REAL ESTATE'S RIGHT TO ASSIGN

Nexus Real Estate may assign, transfer, or delegate this Agreement or any rights or obligations hereunder:

1. Without restriction

2. Without your consent

3. Without notice to you (though notice may be provided as a courtesy)

Nexus Real Estate may assign to:

1. Any affiliate or subsidiary of Nexus Real Estate

2. A successor entity in connection with a merger, acquisition, or sale of assets

3. A third party for financing purposes

4. Any other person or entity at Nexus Real Estate's discretion

D. BINDING ON SUCCESSORS

This Agreement shall be binding upon and inure to the benefit of:

1. Both parties

2. Their respective successors and permitted assigns

3. Legal representatives (to the extent permitted by law)

E. NO RIGHTS TO THIRD PARTIES

Nothing in this Agreement creates any rights in third parties, and no third party shall be deemed a beneficiary of this Agreement, except:

1. Permitted assignees of Nexus Real Estate

2. Indemnified parties under Section 27

3. Entities expressly identified as third party beneficiaries

33. Force Majeure

A. NO LIABILITY FOR EVENTS BEYOND CONTROL

Nexus Real Estate shall NOT be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control.

B. FORCE MAJEURE EVENTS

Force majeure events include, but are not limited to:

1. Acts of God:

   • Earthquakes, floods, hurricanes, tornadoes

   • Fires, lightning, severe weather

   • Epidemics, pandemics, or disease outbreaks

   • Other natural disasters

2. War and Conflict:

   • War, invasion, or act of foreign enemies

   • Hostilities, civil war, rebellion, revolution

   • Insurrection, terrorism, or acts of terrorism

   • Military or usurped power

3. Government Actions:

   • Acts of civil or military authorities

   • Embargoes, blockades, or sanctions

   • Government restrictions or regulations

   • Emergency declarations or orders

   • Changes in laws or regulations

   • Expropriation or nationalization

4. Labor Disruptions:

   • Strikes, lock-outs, or work stoppages

   • Labor disputes or shortages

   • Unavailability of qualified personnel

5. Infrastructure and Utility Failures:

   • Shortages of transportation, facilities, fuel, or energy

   • Power outages or electrical grid failures

   • Internet or telecommunications outages

   • Server failures or hosting problems

   • Disruption of internet service providers

6. Market Disruptions:

   • Financial market crashes or instability

   • Banking system failures

   • Currency restrictions

   • Economic collapse

7. Accidents and Emergencies:

   • Industrial accidents

   • Transportation accidents

   • Emergency situations

8. Other Circumstances:

   • Riots or civil commotion

   • Pandemic or public health emergency

   • Quarantine or isolation requirements

   • Supply chain disruptions

   • Material shortages

   • Any other cause beyond Nexus Real Estate's reasonable control

C. OBLIGATIONS SUSPENDED

During a force majeure event:

1. Nexus Real Estate's obligations under this Agreement are suspended to the extent affected by the force majeure event

2. Time periods for performance are extended by the duration of the force majeure event

3. Nexus Real Estate will not be in breach of this Agreement for failure to perform affected obligations

D. NOTICE AND MITIGATION

If a force majeure event occurs:

1. Nexus Real Estate will provide notice to affected users where reasonably practicable

2. Nexus Real Estate will make reasonable efforts to mitigate the effects of the force majeure event

3. Nexus Real Estate will resume performance as soon as reasonably practicable after the force majeure event ends

E. PROLONGED FORCE MAJEURE

If a force majeure event continues for more than 90 days:

1. Either party may terminate this Agreement by providing written notice

2. Termination will not affect rights or obligations that accrued before termination

3. Any rewards earned for transactions completed before the force majeure event will be honored (subject to ability to process payments)

F. NO COMPENSATION

You are not entitled to any compensation, refund, or other remedy due to:

1. Delays caused by force majeure events

2. Inability to use the Service during force majeure events

3. Any other effects of force majeure events

G. PANDEMIC-SPECIFIC PROVISIONS

During a pandemic, epidemic, or public health emergency:

1. Processing timelines may be extended

2. Communication methods may be modified (e.g., no in-person meetings)

3. Document submission processes may be adapted

4. Nexus Real Estate may implement additional safety protocols

5. Some services may be limited or unavailable

H. NO REFUND OF FEES PAID

Force majeure events do not entitle you to a refund of any fees paid or require Nexus Real Estate to pay rewards if performance is prevented by force majeure.

34. Severability

A. SEVERABILITY OF PROVISIONS

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be unenforceable, invalid, or illegal under any applicable law, such unenforceability, invalidity, or illegality shall not render this Agreement unenforceable, invalid, or illegal as a whole.

B. EFFECT OF INVALIDITY

If any provision is found unenforceable:

1. Such provision shall be deleted or modified to the minimum extent necessary to make it enforceable while preserving its intent to the greatest extent possible

2. The remaining provisions of this Agreement shall remain in full force and effect

3. This Agreement shall be interpreted and enforced to the maximum extent permitted by applicable law

C. REFORMATION

If any provision is found to be unenforceable, the parties agree that:

1. The court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision

2. The provision should be reformed or modified to the minimum extent necessary to make it enforceable

3. The reformed provision should accomplish the original purpose to the extent possible

D. ESSENTIAL PROVISIONS

If a court or arbitrator determines that a provision is essential to the purpose or consideration of this Agreement and cannot be reformed, the parties agree to negotiate in good faith to replace the provision with an enforceable provision that accomplishes a similar purpose.

E. MUTUAL INTENT

The parties acknowledge that:

1. They intend for this Agreement to be enforceable to the maximum extent permitted by law

2. They desire that each provision be given its fullest possible effect

3. If any provision must be limited or reformed, it should be done in a manner that preserves as much of the original provision as possible

F. NO IMPLIED WAIVER

The invalidity or unenforceability of any provision does not constitute a waiver of:

1. Any other provision of this Agreement

2. Any rights or remedies available under this Agreement

3. Any obligations of either party

G. SPECIFIC APPLICATIONS

Without limiting the generality of the foregoing:

Arbitration Provision: If any part of the Arbitration section (Section 28) is found unenforceable (except for the Class Action Waiver), the remaining parts of the arbitration provision remain enforceable.

Class Action Waiver: If the Class Action Waiver (Section 29) is found unenforceable, then the entire arbitration provision (Section 28) is void, but all other provisions of the Agreement remain in effect.

Limitation of Liability: If any part of the Limitation of Liability (Section 26) is found unenforceable in a particular jurisdiction, Nexus Real Estate's liability will be limited to the maximum extent permitted by applicable law in that jurisdiction.

35. Waiver

A. NO WAIVER BY FAILURE TO ENFORCE

The failure of either party to enforce any provision of this Agreement or to exercise any right or remedy under this Agreement shall NOT constitute a waiver of:

1. That provision, right, or remedy

2. Any other provision, right, or remedy

3. The ability to enforce that provision, right, or remedy in the future

B. EXPRESS WAIVER REQUIRED

No waiver of any provision of this Agreement shall be effective unless:

1. Made in writing

2. Signed by an authorized representative of the party granting the waiver

3. Specifically referencing the provision being waived

   Verbal waivers, informal communications, or course of dealing do not constitute waivers.

C. NO WAIVER OF FUTURE BREACHES

A waiver of any breach or default under this Agreement:

1. Does not constitute a waiver of any subsequent breach or default

2. Does not constitute a waiver of the provision itself

3. Applies only to the specific instance waived

D. NO IMPLIED WAIVERS

There are no implied waivers under this Agreement. All waivers must be express and in writing.

E. DELAY NOT A WAIVER

Any delay by either party in exercising any right or remedy under this Agreement does not constitute a waiver of that right or remedy.

F. PARTIAL EXERCISE

The exercise of any right or remedy partially or in a particular instance does not preclude:

1. Further exercise of that right or remedy

2. Exercise of any other right or remedy

3. Full exercise of that right or remedy in other instances

G. CUMULATIVE REMEDIES

All rights and remedies under this Agreement are cumulative and not exclusive. Exercise of one remedy does not preclude exercise of any other remedy available at law or in equity.

H. WAIVERS MUST BE BILATERAL

If Nexus Real Estate waives any provision in your favor, that waiver:

1. Does not constitute a waiver for any other user

2. Applies only to you and your specific situation

3. Does not create a precedent or obligation to grant similar waivers to others

36. Entire Agreement

A. COMPLETE AGREEMENT

This Agreement constitutes the entire agreement and understanding between you and Nexus Real Estate regarding:

1. The subject matter herein

2. Your use of Nexus Real Estate's services

3. Your participation in the reward program

4. All matters addressed in this Agreement

B. SUPERSEDES PRIOR AGREEMENTS

This Agreement supersedes and replaces all prior and contemporaneous:

1. Agreements, understandings, and arrangements (whether written or oral)

2. Discussions and negotiations

3. Proposals and counterproposals

4. Representations and warranties

5. Communications and correspondence

...between you and Nexus Real Estate relating to the subject matter of this Agreement.

C. NO RELIANCE ON EXTERNAL STATEMENTS

You acknowledge that:

1. You have not relied on any statement, representation, assurance, or warranty except as expressly set forth in this Agreement

2. No agent, employee, or representative of Nexus Real Estate has authority to make representations or promises not contained in this Agreement

3. Verbal statements, marketing materials, and other communications do not modify this Agreement

D. MODIFICATIONS MUST BE IN WRITING

No modification, amendment, supplement, or waiver of any provision of this Agreement shall be effective unless:

1. In writing

2. Signed by an authorized representative of Nexus Real Estate

3. Specifically stating the intent to modify this Agreement

Exception: As provided in Section 21, Nexus Real Estate may modify this Agreement by posting updated terms, subject to the notice provisions described there in.

E. NO ORAL MODIFICATIONS

Oral modifications, verbal agreements, or informal understandings do NOT modify this Agreement and are NOT enforceable.

F. PAROL EVIDENCE

This Agreement is intended as the complete and exclusive statement of the terms agreed upon by the parties. Evidence of prior or contemporaneous agreements or understandings (parol evidence) shall not be admissible to vary, contradict, or supplement the terms of this Agreement.

G. INTEGRATION CLAUSE

This provision serves as an integration clause, signifying that all terms, conditions, representations, and understandings between the parties have been incorporated into this single written Agreement.

H. ADDITIONAL DOCUMENTS

Separate documents you may sign or agree to (such as enrollment forms, W-9 forms, or specific program disclosures) are incorporated by reference into this Agreement to the extent they relate to the subject matter herein.

I. CONFLICT BETWEEN DOCUMENTS

In the event of any conflict or inconsistency between:

1. This Agreement and any other document, this Agreement controls

2. Different sections of this Agreement, the more specific provision controls

3. This Agreement and marketing materials, this Agreement controls

37. Governing Law and Jurisdiction

A. GOVERNING LAW

This Agreement and any dispute arising out of or relating to this Agreement or your use of Nexus Real Estate's services shall be governed by and construed in accordance with:

1. Federal Law: The laws of the United States of America, including:

   • Federal Arbitration Act (9 U.S.C. § 1 et seq.)

   • Fair Housing Act

   • Real Estate Settlement Procedures Act (RESPA)

   • Other applicable federal statutes and regulations

2. State Law: The laws of Washington D.C., without regard to its conflict of law provisions

B. JURISDICTION FOR NON-ARBITRABLE DISPUTES

For any disputes that are not subject to arbitration under Section 28 (or if you have validly opted out of arbitration):

1. Exclusive Jurisdiction: You agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Washington D.C.

2. Consent to Jurisdiction: You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts

3. Waiver of Inconvenient Forum: You waive any claim that such forum is an inconvenient forum

C. SERVICE OF PROCESS

You consent to service of process:

1. By any means authorized by applicable law

2. Including by mail to the address you provided to Nexus Real Estate

3. Including by email to the email address you provided

D. NO JURY TRIAL

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

E. STATE-SPECIFIC LAWS

While this Agreement is generally governed by the law specified above:

1. State-specific real estate laws and regulations apply to transactions in their respective states

2. State-specific consumer protection laws may provide additional rights

3. State-specific arbitration laws may affect arbitration procedures

F. FEDERAL PREEMPTION

To the extent federal law preempts state law on any issue addressed in this Agreement, federal law shall control.

G. COMPLIANCE WITH LAWS

Both parties agree to comply with all applicable:

1. Federal laws and regulations

2. State laws and regulations

3. Local ordinances

4. Industry regulations and standards

38. Privacy and Data Protection

A. PRIVACY POLICY

Nexus Real Estate's collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference.

B. LOCATION OF PRIVACY POLICY

The Privacy Policy can be found at:

• On our website at https://nexus.realestate/privacy-center

• In the mobile application settings

• By requesting a copy from customer service

C. DATA COLLECTION

By using the Service, you acknowledge that Nexus Real Estate may collect:

1. Personal information you provide (name, contact information, etc.)

2. Information about your real estate needs and preferences

3. Transaction information

4. Usage data and analytics

5. Communications between you and Nexus Real Estate

D. DATA USE

Collected data may be used for:

1. Providing and improving the Service

2. Matching you with appropriate agents

3. Processing rewards and benefits

4. Communicating with you

5. Compliance with legal obligations

6. Analytics and research

7. Marketing and promotional purposes (subject to opt-out rights)

E. DATA SHARING

Nexus Real Estate may share your information with:

1. Real estate agents and brokers in the referral network

2. Partner Organizations (where applicable)

3. Service providers and vendors

4. Legal and regulatory authorities (as required)

5. Successors or assigns in connection with a business transfer

F. DATA SECURITY

Nexus Real Estate implements reasonable security measures to protect your data, but:

1. No system is completely secure

2. Nexus Real Estate cannot guarantee absolute security

3. You use the Service at your own risk regarding data security

G. THIRD PARTY PRIVACY PRACTICES

Nexus Real Estate is not responsible for the privacy practices of:

1. Partner Organizations

2. Real estate agents and brokers

3. Third party websites linked from our Service

4. Other third parties you interact with

H. DIFFERENT PRIVACY POLICIES

Nexus Real Estate's privacy and security policies may differ from those of:

1. Partner Organizations

2. Affiliated entities

3. Third party service providers

You should review the privacy policies of all entities you interact with.

I. UPDATES TO PRIVACY POLICY

Nexus Real Estate may update the Privacy Policy from time to time. Continued use of the Service after updates constitutes acceptance of the updated Privacy Policy.

J. YOUR PRIVACY RIGHTS

Depending on your location, you may have rights regarding your personal data, including:

1. Right to access your data

2. Right to correct inaccurate data

3. Right to delete your data (subject to legal retention requirements)

4. Right to opt out of certain uses of your data

5. Other rights under applicable privacy laws (such as GDPR, CCPA, etc.)

Contact Nexus Real Estate to exercise these rights.

K. CALIFORNIA RESIDENTS

California residents may have additional rights under the California Consumer Privacy Act (CCPA). See our Privacy Policy for details.

L. EUROPEAN USERS

If you are located in the European Economic Area, you may have additional rights under the General Data Protection Regulation (GDPR). Nexus Real Estate's services are primarily intended for users in the United States.

39. Electronic Communications

A. CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Service, you consent to receive communications from Nexus Real Estate in electronic form, including:

1. Emails

2. Text messages

3. Messages through the mobile application

4. Notices posted on the website

5. Other electronic communications

B. ELECTRONIC DELIVERY OF DISCLOSURES

You agree that Nexus Real Estate may provide required legal disclosures and notices to you electronically rather than in paper form.

C. WITHDRAWAL OF CONSENT

You may withdraw your consent to electronic communications by:

1. Contacting Nexus Real Estate customer service

2. Following opt-out instructions in communications

3. Updating your communication preferences

However, withdrawal may:

• Limit your ability to use certain features of the Service

• Require Nexus Real Estate to terminate your participation in the Program

D. HARDWARE AND SOFTWARE REQUIREMENTS

To receive electronic communications, you must:

1. Have access to a computer or mobile device with internet connection

2. Have a valid email address

3. Have software capable of reading documents in PDF format

4. Have a printer or ability to download and save electronic records (for your records)

E. UPDATING CONTACT INFORMATION

You must keep your email address and other contact information current. Nexus Real Estate is not responsible for communications not received due to:

1. Outdated contact information

2. Spam filters or email settings

3. Technical problems with your email provider

4. Other issues beyond Nexus Real Estate's control

F. ELECTRONIC SIGNATURES

You agree that:

1. Electronic signatures are valid and binding

2. Your electronic acceptance of these Terms constitutes a legally binding signature

3. You may electronically sign other documents related to the Program

G. RECORD RETENTION

You should retain copies of:

1. These Terms and Conditions

2. Privacy Policy

3. Communications from Nexus Real Estate

4. Enrollment confirmations

5. Reward notifications

6. Tax documents

Nexus Real Estate is not obligated to maintain copies of all communications for your benefit.

40. Contact Information

A. HOW TO CONTACT NEXUS REAL ESTATE

For questions, concerns, or issues regarding these Terms and Conditions or any aspect of the Nexus Real Estate program, please contact us at:

Nexus Real Estate

Mailing Address:
205 River St, Haverhill, MA 01832

Email Address:
Email: nexus@nexus.realestate

B. SPECIFIC CONTACT PURPOSES

For specific inquiries, use the following contact information:

Customer Service and General Questions:
Email: nexus@nexus.realestate

Enrollment and Account Issues:
Email: nexus@nexus.realestate

Reward Status and Processing:
Email: nexus@nexus.realestate

Privacy and Data Protection:
Email: legal@nexus.realestate

Legal and Compliance:
Email: legal@nexus.realestate

Copyright and DMCA Notices:
Email: legal@nexus.realestate
Address: 205 River St, Haverhill, MA 01832

Arbitration Opt-Out:
Email: legal@nexus.realestate

C. RESPONSE TIME

Nexus Real Estate will make reasonable efforts to respond to inquiries:

1. Within 5-10 business days for general inquiries

2. Within 15-30 business days for complex issues

3. Within the timeframes required by law for specific types of requests

D. Notice To Nexus Real Estate

Any notice required or permitted to be given to Nexus Real Estate under this Agreement must be in writing and sent to the addresses listed above.

Notice is considered delivered:

1. When personally delivered

2. Three days after mailing via certified or registered mail

3. One business day after sending via a reputable overnight courier

4. When sent via email (if email is specified as an acceptable method for that type of notice)

E. Business Hours

Customer service is available:
Monday through Friday.
12:00 PM - 5:00 PM

Closed on major U.S. holidays.

F. UPDATING CONTACT INFORMATION

Nexus Real Estate may update contact information from time to time. Updated contact information will be posted on the website and in updated versions of these Terms and Conditions.

41. Acceptance of Terms

A. BINDING AGREEMENT

BY ENROLLING IN, ACCESSING, OR USING ANY NEXUS REAL ESTATE SERVICE THROUGH ANY MEDIUM INCLUDING BUT NOT LIMITED TO:

• Our website

• Our mobile application

• Telephone enrollment

• Email enrollment

• Partner enrollment platforms

• In-person enrollment

• Any other method of engagement

...YOU ACKNOWLEDGE THAT YOU HAVE:

1. READ this entire Agreement, including all sections and subsections

2. UNDERSTOOD all terms and conditions set forth herein

3. AGREED to be legally bound by all terms and conditions

4. ACCEPTED all terms without exception or reservation

B. LEGAL CAPACITY

By accepting these Terms, you represent and warrant that:

1. You are at least 18 years of age

2. You have the legal capacity to enter into binding contracts

3. You are not prohibited from using the Service under applicable law

4. All information you have provided is accurate and truthful

C. AUTHORITY

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that:

1. You have authority to bind that entity to these Terms

2. The entity agrees to be bound by these Terms

3. References to "you" include both you individually and the entity

D. VOLUNTARY AGREEMENT

You acknowledge that:

1. You are entering into this Agreement voluntarily

2. You have had the opportunity to review these Terms before accepting

3. You have had the opportunity to ask questions or seek clarification

4. You have had the opportunity to seek legal counsel if desired

E. NO DURESS

You confirm that you are not under any duress, coercion, or undue influence in accepting these Terms.

F. MULTIPLE FORMATS

You may access these Terms in multiple formats. All formats contain the same agreement and are equally binding.

G. PRINTING AND SAVING

You have the ability to print or save a copy of these Terms for your records. You are encouraged to do so.

H. EFFECT OF ACCEPTANCE

Your acceptance of these Terms:

1. Creates a legally binding contract between you and Nexus Real Estate

2. Obligates you to comply with all terms and conditions

3. Grants you the limited rights described herein

4. Subjects you to all limitations and restrictions described herein

I. CONTINUING OBLIGATION

Your obligation to comply with these Terms continues:

1. Throughout your use of the Service

2. After termination of your use

3. With respect to provisions that expressly survive termination

J. QUESTIONS BEFORE ACCEPTING

If you have any questions about these Terms before accepting:

1. Contact Nexus Real Estate customer service for clarification

2. Seek legal counsel if needed

3. Do not use the Service until your questions are answered and you are comfortable accepting

BY USING ANY NEXUS REAL ESTATE SERVICE THROUGH ANY CHANNEL OR MEDIUM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.