Terms Of Service

The Nexus Real Estate Group LLC Companies, and the Services, may assist you in performing the various tasks in a real estate transaction. However, unless explicitly specified by the terms of use for a particular Service (each a “Product’s Terms”), THE SERVICES ARE NOT INTENDED TO provide you with any financial, real estate, or related advice of any kind. You understand and agree that the Services may include advertisements. To help make the advertisements relevant and useful to you, the Nexus Real Estate Group LLC Companies may serve advertisements based on the information we collect through the Services. See the Privacy Policy for more details.

Nexus Group and Nick Nahid is a team of real estate agents affiliated with Coldwell Banker Realty. Coldwell Banker Realty is a licensed real estate broker under the name Coldwell Banker Realty in Massachusetts and abides by equal housing opportunity laws. All material presented herein is intended for informational purposes only. Information is compiled from sources deemed reliable but is subject to errors, omissions, changes in price, condition, sale, or withdrawal without notice. No statement is made as to the accuracy of any description. All measurements and square footages are approximate. This is not intended to solicit property already listed. Nothing herein shall be construed as legal, accounting, or other professional advice. Each office is independently owned and operated. For The Most Accurate Info On Specific information, Please Email Nexus@marketingwithnexus.com To Confirm. The information May not apply or is modified to reflect state and local legal requirements. Nexus Real Estate Group LLC is a marketing and technology company that helps you with real estate and connecting you with an agent. Nexus Real Estate Group LLC also provides access to self-help services at your specific direction. We cannot make any decisions on behalf of any property owners. Property Management Service is only available in Massachusetts and New Hampshire.

We operate the following affiliated brands. Any use of the Services provided by these affiliated brands is subject to these Terms of Use. Services offered by each of our companies may also be subject to specific Product Terms or additional terms of use as specified on their respective websites, networks, mobile applications, or through other means.

A. Affiliated Business Relationship Notice:

This notice is to inform you of the business relationships among our affiliated providers, including Nexus Real Estate Group LLC. Due to these relationships, any referrals made by Nexus Real Estate Group LLC companies may result in the referred company, its direct or indirect parent (including Nexus Real Estate Group LLC), and their respective employees receiving financial or other benefits. These relationships are designed to enhance our service offerings and ensure a seamless experience across our brands.

In addition to referrals to our affiliated companies, we may also refer you to other unaffiliated companies. These referrals are made based on our assessment of your needs and the quality of service provided by these external companies. While we strive to partner with reputable and reliable external companies, please note that these unaffiliated companies operate independently of us. We do not have control over their operations and are not responsible for any actions or services provided by them.

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

To access certain features of the Services, you may be required to register for an account and agree to the specific Product Terms applicable to that service. These Product Terms may be incorporated herein or available on a separate Nexus Real Estate Group LLC Companies site. When you register for an account, you will be asked to provide us with some personal information, such as your email address, phone number, or other contact information. By providing this information, you agree that it is accurate and that you will keep it accurate and up-to-date at all times.

During the registration process, you will also be required to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for all actions taken through your account. It is essential that you do not share your user account or password with others to ensure the security of your account.

Unless you have entered into a commercial agreement with us that permits you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf. This ensures that all transactions and activities conducted through your account are personal and authorized by you.

We take your privacy and the security of your information very seriously. Our commitment is to protect your data and ensure that your experience with our Services is safe and secure. If you have any concerns about the use of your account or the security of your information, please contact us immediately.

By using our Services, you are also agreeing to abide by all applicable laws and regulations. This includes, but is not limited to, local, state, national, and international laws governing your use of the Services and your transactions. We reserve the right to suspend or terminate your account if we discover any violation of these Terms of Use or any applicable laws and regulations.

As long as you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, including downloading and using any App (as defined in Section 4(B) below) on your mobile device in object code form, for your personal use.

If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information to your clients and take actions on their behalf to the extent permitted by applicable law (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your clients.

Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display, or provide access to any portion of the Services on third-party websites or otherwise. The Services may include software for use in connection with the Services. It is important to note that the Services may not be used for transactions involving commercial real estate, including, but not limited to, commercially zoned properties and vacation rentals.

B. Mobile Applications

To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. We do not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges.

We may update any App and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades and understand that these Terms of Use will apply to all updated versions of an App.

Any third-party open-source software included in an App is subject to the applicable open-source license and may be available directly from the creator under an open-source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open-source license.

We strive to ensure that our mobile applications enhance your experience with our Services by providing you with convenient and innovative features. If you encounter any issues or have suggestions for improvements, please contact our support team.

C. Use of Content

Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services without the aid of any automated processes and only as necessary for your personal use or Pro Use to view, save, print, fax, and/or e-mail such information. This permission is granted for your convenience and should be exercised within the bounds of these Terms of Use.

Notwithstanding the foregoing, the aggregate level data provided on the Nexus Real Estate Group LLC website (the “Aggregate Data”) may be used for non-personal uses, such as real estate market analysis. You are permitted to display and distribute derivative works of the Aggregate Data (e.g., within a graph), provided that the Nexus Real Estate Group LLC Companies are cited as the source on every page where the Aggregate Data is displayed. This citation should read “Data Provided by Nexus Real Estate Group LLC” and must appear on each page displaying the Aggregate Data. Additionally, this citation may not include any of our logos without our prior written approval and must not imply any relationship between you and the Nexus Real Estate Group LLC Companies beyond indicating that the Nexus Real Estate Group LLC Companies are the source of the Aggregate Data.

You are strictly prohibited from displaying any other Nexus Real Estate Group LLC Companies’ data without our prior written approval. This includes, but is not limited to, any proprietary data, client data, or any other information not explicitly covered under the Aggregate Data usage permission.

We value the integrity and proper usage of our data and services. If you have any questions regarding the use of our content or require written approval for specific uses, please contact our support team. We are here to assist you and ensure that your use of our Services and content is both beneficial and compliant with our guidelines.

By adhering to these guidelines, you help maintain the quality and reliability of the information provided through our Services, ensuring that it remains a valuable resource for all users. Thank you for respecting these terms and for being a responsible user of our Services.

As a condition of using the Services, you shall not use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services, ensuring that your actions comply with these terms and any applicable laws and regulations.

Don't Abuse the Service

You shall not:

1. Manipulate Listings: Manipulate the price or description of any Listing without proper authorization. This means altering the details of any property listing in a way that misleads users or is not authorized by the property owner or relevant authority.

2. Interfere with Listings: Interfere with other users’ Listings. This includes actions that would disrupt the visibility or accuracy of another user's property listing.

3. Solicit Users: Recruit, solicit, or encourage any other user to use third-party services or websites that are competitive to ours. You must not promote services or platforms that directly compete with the Services provided by us.

4. Circumvent Fees: Use the Services to find a Listing, Landlord, Buyer, Seller, or Renter and then complete a transaction independent of the Services to circumvent the obligation to pay any fees related to our provision of the Services. This prohibits bypassing the platform's fee structure by completing transactions outside of the platform after using it to make initial contact.

5. Impose Excessive Load: Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure. This includes excessive use of server resources, bandwidth, or other system capacities.

6. Interfere with Operations: Interfere or attempt to interfere with the proper working of the Services or any activities conducted in connection with the Services. This involves any actions that disrupt the normal functioning of the platform.

7. Bypass Security Measures: Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services). Unauthorized access attempts, hacking, or using unauthorized tools to gain access are prohibited.

8. Automate Actions: Run any form of auto-responder or “spam” on the Services. This includes using automated tools to send unsolicited messages or responses.

9. Crawl or Spider: Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site. Scraping or harvesting data from the site without authorization is not allowed.

10. Scrape Content: Harvest or scrape any Content from the Services. Unauthorized collection of data, images, or other content is prohibited.

11. Violate Guidelines: Take any action in violation of our guidelines and policies. Always adhere to the rules and policies outlined by us.

12. Reverse Engineer: Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent that applicable laws specifically prohibit such restriction. Unauthorized attempts to understand or alter the source code are forbidden.

13. Create Derivative Works: Modify, translate, or otherwise create derivative works of any part of the Services. Altering or building upon the Services without permission is not permitted.

14. Infringe Rights: Infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violate any law or contractual duty (see our DMCA Copyright Policy). Respect the intellectual property and legal rights of others.

15. Transfer Rights: Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You cannot transfer your rights or access to the Services to others.

16. Use for Unlawful Purposes: Use the Services in any way that is unlawful or harms the Nexus Real Estate Group LLC Companies, its service providers, suppliers, affiliates, or any other user. Illegal activities or actions causing harm to others or the company are strictly prohibited.

17. Discriminate: Use the Services in any way to discriminate against any individual or class of individuals protected under federal, state, or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist, or discriminatory activities or outcomes. Discrimination and hate speech are not tolerated.

18. Post Spam: Distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services. Unwanted and unsolicited communication is prohibited.

19. Impersonate Others: Impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses. Fraudulent representation or impersonation is not allowed.

20. Display Unauthorized Content: Reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by us for a particular portion of the Services. Unauthorized sharing or displaying of content is prohibited.

21. Upload Harmful Software: Upload invalid data, viruses, worms, or other software agents to the Services. Ensure that any data or files you upload are free from harmful code.

22. Post Objectionable Content: Post, reproduce, publicly display, or otherwise make accessible any content which we, in our sole judgment and discretion, consider illegal, offensive, or objectionable, including without limitation content that harasses, discriminates, demeans, threatens, or disparages any individual or class of individuals. Content that is harmful or offensive to others is prohibited.

23. Compromise Security: Interfere with or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services. Any actions that threaten the security or integrity of the system are not allowed.

24. Conduct Automated Queries: Conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other automated activity with the purpose of obtaining information from the Services) on the Services. Unauthorized automated data collection is prohibited.

25. Use Trademarks Inappropriately: Use any of the Nexus Real Estate Group LLC Companies’ trademarks as part of your screen name or email address on the Services. Unauthorized use of company trademarks is not allowed.

26. Develop Competing Services: Access or use any of the Services to develop competitive products or services. Do not use the Services to create competing offerings.

27. Encourage Violations: Attempt to, or permit or encourage any third party to, do any of the above. Facilitation or encouragement of prohibited activities is also prohibited.

Our Additional Rights

We reserve the right, without any obligation, to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

1. Legal Compliance: Satisfy any applicable law, regulation, legal process, or governmental request.

2. Enforce Terms: Enforce these Terms of Service, including investigation of potential violations.

3. Address Fraud and Security Issues: Detect, prevent, or otherwise address fraud, security, or technical issues.

4. Respond to Requests: Respond to user support requests.

5. Fulfill Requests: Fulfill your requests for services.

6. Protect Rights: Protect the rights, property, or safety of us, our users, and the public.

You acknowledge and agree that we may, but have no obligation to, conduct background checks, reference checks, and credit checks on any users of the Services.

Agreement to Terms

BY USING THE SERVICES, YOU AGREE NOT TO:

• Reproduce, modify, distribute, display, or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted by any Product’s Terms to the extent applicable to that product’s Services.

• Provide, post, or authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution.

• Remove or modify any copyright or other intellectual property notices that appear in the Services.

• Use the Services in any way that is unlawful or harms the Nexus Real Estate Group LLC Companies, its service providers, suppliers, affiliates, or any other user.

• Use the Services in any way to discriminate against any individual or class of individuals protected under federal, state, or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist, or discriminatory activities or outcomes.

• Distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services.

• Impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses.

• Reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by us for a particular portion of the Services.

• Upload invalid data, viruses, worms, or other software agents to the Services.

• Post, reproduce, publicly display, or otherwise make accessible any content which we, in our sole judgment and discretion, consider illegal, offensive, or objectionable, including without limitation content that harasses, discriminates, demeans, threatens, or disparages any individual or class of individuals.

• Interfere with or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services.

• Conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other automated activity with the purpose of obtaining information from the Services) on the Services.

• Use any of the Nexus Real Estate Group LLC Companies’ trademarks as part of your screen name or email address on the Services.

• Access or use any of the Services to develop competitive products or services.

• Attempt to, or permit or encourage any third party to, do any of the above.

By agreeing to these Terms of Use, you understand and acknowledge that any violation of these restrictions can result in the suspension or termination of your access to the Services and may also subject you to legal action.

A. Generally

You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you with advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you.

Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. You authorize us to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

B. Subscriptions

The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums.

The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).

We may change the subscription fee for any subsequent subscription period but will provide you with advance notice of any increase before it applies. Unless otherwise stated in your Product’s Terms, you may cancel a Subscription Service through the settings page in your account; by contacting us at Nexus@marketingwithnexus.com; or, if applicable, by contacting your business consultant.

Payment Authorization and Pre-Authorization

By using the Services, you authorize us to charge the payment method you specified for all applicable fees and charges. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. This process is conducted to ensure the smooth execution of your transactions and to prevent any disruptions in your access to the Services.

Fee Changes and Notifications

We strive to maintain transparency and keep you informed about any changes to our fee structure. In the event of any changes, including the introduction of new fees or charges, we will provide you with advance notice. This gives you the opportunity to review and accept the changes or choose to discontinue the use of the applicable part of the Services if you do not agree with the new fee structure.

Non-Refundable Fees

Please note that all fees are non-refundable. This policy applies to all fees charged for accessing certain features of the Services, including one-time payments and subscription fees. We encourage you to carefully review the features and benefits of the Services before making any payments to ensure they meet your needs and expectations.

By adhering to these guidelines, you help ensure a smooth and transparent financial relationship with us, allowing us to continue providing high-quality services tailored to your needs.

User Content

All listing, rental, or sales information, and other content added, created, uploaded, submitted, distributed, or posted in connection with the Services or otherwise provided by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent and warrant that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations.

Standards for User Content

The following standards apply to any and all User Content. You must ensure that all User Content posted by you complies with all applicable laws and regulations. Without limiting the foregoing, you must not post User Content that:

• Infringement: Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contractual duty. For detailed guidance, please refer to our DMCA Copyright Policy.

• False Information: Is false, misleading, untruthful, or inaccurate. All information must be genuine and verifiable.

• Illegal or Harmful Content: Is unlawful, threatening, discriminatory, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, or profane.

• Nudity or Sexual Content: Contains or depicts nudity or sexual activity.

• Hate Speech: Promotes bigotry, racism, hatred, or harm against any individual or group, or is otherwise inappropriate as determined by us in our sole discretion.

• Spam: Constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail (i.e., spamming).

• Malicious Software: Contains software viruses or any other disabling computer codes, files, or programs designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of ours or any third party.

• Impersonation or Intimidation: Impersonates, bullies, stalks, or intimidates any person or entity, including any of our employees or representatives, or falsifies or misrepresents yourself or your personal information.

• Confidential Information: Includes any confidential information, violates the rights of others (including, without limitation, the rights of publicity and privacy and rights under a contract), or otherwise contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Service.

User Content License Grant

By submitting User Content through the Services, you hereby grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to:

• Use and Exploitation: Use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our (including successors’ and assigns’) businesses. This includes, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites and feeds), and including after your termination of your Account or the Services.

• User Access: You also grant each user of the Services a non-exclusive, perpetual license to access your User Content through the Services.

Ownership and Rights

For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Intellectual Property Rights

You acknowledge and agree that the Services and the Content, including User Content provided by others, features, and functionality (including, without limitation, all content, information, data, items, materials, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws.

• Google Maps Integration: Our Site features Google Maps, and your use of Google Maps through our Services is governed by the terms of Google’s privacy policy, legal notices, and terms of use.

No right, title, or interest in or to the Services or any Content provided in connection with the Services is transferred or otherwise granted to you under these Terms of Service. All right, title, or interest in or to the Services and the Content provided in connection with the Services (other than User Content posted by you) are reserved by us. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, or other laws.

The names, logos, product and service names, designs, slogans, and other trademarks associated with the Services are ours and those of our licensors. You must not use any of the foregoing without our prior written permission. All other names, logos, product and service names, designs, slogans, and other trademarks used in connection with the Services are the trademarks of their respective owners.

UGC Definition; License Grant

Certain portions of the Services may allow users to upload or otherwise provide the Nexus Real Estate Group LLC Companies with images, photos, videos, data, text, listings, and other content (“User Materials”). Absent any additional terms provided in your Product’s Terms, by uploading or otherwise providing User Materials to the Services, you grant us an irrevocable, perpetual, royalty-free worldwide license to:

• Use and Distribution: Use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of, or incorporate into other works, and translate your User Materials, in connection with the Services or in any other media; and

• Sublicense Rights: Sublicense these rights, to the maximum extent permitted by applicable law.

We will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. We may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize the Nexus Real Estate Group LLC Companies and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use. We will not use client contact information that is uploaded by agents into the Nexus Real Estate Group LLC Agent Hub portal for any purpose unless that client contact information is otherwise provided to us directly by the client.

UGC Disclaimer

We are under no obligation to edit or control your User Materials or the User Materials of any other user and will not be in any way responsible or liable for any User Materials. However, we may, at any time and without prior notice, screen, remove, edit, or block any user content on the Services, including User Materials, that in our sole judgment violates these Terms of Use or that we find otherwise objectionable, including any violation of our Nexus Neighbor Policy, described in Section 13(B).

You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against us with respect to User Materials. We expressly disclaim any and all liability in connection with User Materials.

If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to remove those User Materials, which we reserve the right to do at any time and without notice. For more information on our handling of infringing content, please see Section 11 below.

A. Generally

The Services include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under our control (each, a “Third-Party Provider”). These Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party.

Your use of third-party sites, services, or products may be subject to associated third-party terms of use, privacy policies, or other agreements, which you are solely responsible for complying with. We do not endorse and take no responsibility for such products, services, websites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that we may transfer the applicable User Information or other information to the applicable third parties, which are not under our control.

If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

To ensure you are fully aware of the implications of interacting with third-party providers, please consider the following:

• Review Third-Party Policies: Always review the terms of use, privacy policies, and any other agreements provided by third-party providers before engaging with their services. This will help you understand how your User Information may be used and what terms you are agreeing to.

• Protect Your Information: Be cautious when sharing your personal or User Information with third-party providers. Only provide information that is necessary and be aware of the potential risks involved in sharing sensitive data.

• Understand Liability: By using the Services, you acknowledge that we are not liable for any actions, damages, or costs arising from your interactions with third-party providers. Any issues or disputes that arise should be addressed directly with the third-party provider involved.

B. Third-Party Links and Resources

The Site and Applications may permit you to link to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to the Services. When you access third-party resources on the Internet, you do so at your own risk. These other third-party resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such third-party websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party website or resource.

C. Additional Terms for Third-Party Services

Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:

1. Windows Live Virtual Earth: Windows Live Virtual Earth imagery is supplied by Microsoft Corporation. Your use of this imagery is subject to the Microsoft MapPoint Terms of Use. http://www.microsoft.com/maps/assets/docs/terms.aspx

2. Google Maps: Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use, available at Google Maps Terms, and Google’s Privacy Policy, available at Google Privacy Policy. http://www.google.com/intl/en_us/help/terms_maps.html
   https://www.google.com/intl/ALL/policies/privacy/index.html

3. Stripe: Some of the Services allow you to use Stripe Connect to make payments to other users and may include additional processing or application fees detailed when you choose to connect to Stripe. Your use of Stripe is subject to the Stripe Connected Account Agreement. https://stripe.com/us/connect-account/legal Additionally, by using Stripe, you agree not to use Stripe (and the Services generally) for any Prohibited Business purposes, as listed at Stripe Prohibited Businesses. https://stripe.com/us/prohibited-businesses

4. Checkr: Some of the Services allow users to use our third-party background check partner, Checkr, to submit an application and background check to a landlord. If you are a renter using the Checkr services, you authorize Nexus Real Estate Group LLC to obtain your background check report, including criminal and eviction history, and to share that information with landlords you submit an application to. You agree to the Checkr Terms of Use. If you are a landlord using the Checkr services, you agree to use the background check reports in compliance with the law and agree to the Checkr Background Check Report Terms of Use. https://checkr.com/terms-of-service/

5. Chase: Some of the Services allow you to use Chase to make payments to Nexus Real Estate Group LLC Companies. Your use of the Chase payments feature is subject to the Chase Paymentech Privacy Policy. https://www.chasepaymentech.com/

6. Plaid: The rental payments feature allows you to link your bank account through Plaid for the purposes of making or receiving rental payments. By using Plaid, you agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy. https://plaid.com/legal

7. Experian: Some of the Services allow you to use the Experian Connect service to submit a request for a credit check to be sent to a landlord. If you use the Experian services, you agree to the Experian Connect Terms and Conditions. https://connect.experian.com/legal/terms.html

8. Apple Maps: Some of the Services implement the Apple Maps web mapping service. Your use of Apple Maps is subject to Apple's terms of use, available at Apple Maps Terms. https://www.apple.com/legal/internet-services/maps/terms-en.html

9. YouTube API Services: Certain features of the Services include third-party tools that are subject to additional terms, including, but not limited to, YouTube API Services. By using the Services, you agree to be bound by the YouTube Terms of Service. https://www.youtube.com/t/terms

By using these third-party tools and services, you acknowledge and agree to comply with the applicable terms and conditions set forth by each third-party provider.

The Services are owned and operated by the Nexus Real Estate Group LLC Companies. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (the “Nexus Real Estate Group LLC Companies’ Materials”) that we provide are protected by intellectual property and other laws and are the property of the Nexus Real Estate Group LLC Companies or the Nexus Real Estate Group LLC Companies’ third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the Nexus Real Estate Group LLC Companies’ Materials, and the Nexus Real Estate Group LLC Companies reserve all rights to the Nexus Real Estate Group LLC Companies’ Materials and Services not granted expressly in these Terms of Use.

Intellectual Property Notices

Certain content on the Services is owned by ZIP+4 data and the United States Postal Service. To view a complete list of our issued patents and active trademarks, please refer to our official documentation. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

We do not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and the requirements of applicable law.

Usage Restrictions

Except as expressly allowed by these Terms of Use, you may not:

• Reproduce, modify, distribute, display, or otherwise use any of the Nexus Real Estate Group LLC Companies’ Materials.

• Decompile, disassemble, or reverse engineer any portion of the Services.

• Use any of the Nexus Real Estate Group LLC Companies’ trademarks or logos without prior written permission.

The Nexus Real Estate Group LLC Companies reserve all rights to the Services and the Nexus Real Estate Group LLC Companies’ Materials not expressly granted in these Terms of Use.

By adhering to these guidelines, you help protect our intellectual property and ensure that the Services remain a valuable resource for all users.

If you choose to provide input and suggestions regarding the Services, including related to any of the Nexus Real Estate Group LLC Companies’ Materials (“Feedback”), you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose. This includes, but is not limited to, the right to use, modify, incorporate, and distribute the Feedback to improve the Services, create new products and services, and enhance existing offerings.

By providing Feedback, you agree to the following terms:

• Unrestricted Use: The Nexus Real Estate Group LLC Companies may use the Feedback without any obligation to you. This means we can use your suggestions in any way we see fit, including but not limited to developing, marketing, and selling new or improved products and services.

• No Compensation: You will not receive any compensation, monetary or otherwise, for the Feedback. Your submission of Feedback is entirely voluntary, and you agree that you are not entitled to any payment or recognition for the use of your suggestions.

• No Obligation to Act: While we value your input and consider all Feedback carefully, we are under no obligation to implement any suggestions or to provide any response or acknowledgment.

• Representation and Warranty: You represent and warrant that you have all necessary rights to grant the above licenses to the Feedback. This means you must own the Feedback or have permission from the rightful owner to provide it to us.

• No Infringement: The Feedback must not violate the rights of any third party, including but not limited to intellectual property rights, privacy rights, or contractual rights. You agree to indemnify us against any claims brought by third parties arising out of or related to the Feedback you provide.

• Confidentiality and Publicity: By providing Feedback, you acknowledge that it is not confidential, and we are under no obligation to treat it as such. You agree that we may disclose the Feedback to third parties and the public at our discretion. Additionally, you waive any rights to privacy or publicity associated with the Feedback.

• Retention of Ownership: While you grant us broad rights to use the Feedback, you retain ownership of your original ideas and suggestions. This agreement does not transfer ownership of your intellectual property to us; rather, it allows us to use your ideas as outlined in these terms.

• Scope of Use: Our right to use the Feedback includes all possible uses, such as but not limited to, incorporation into products and services, marketing materials, training materials, internal decision-making processes, and any other commercial or non-commercial purposes.

We appreciate your willingness to share your ideas and suggestions with us. Your Feedback is instrumental in helping us understand the needs and preferences of our users, which in turn enables us to deliver better products and services.

We respect the intellectual property rights of others and ask that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify our copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

Identification of the copyrighted work that you claim has been infringed: Clearly describe the copyrighted work you believe has been infringed. This could include the title, author, and any other relevant details that will help us identify the work in question.

Identification of the material that you claim is infringing and needs to be removed: Provide a detailed description of the material you believe is infringing, including its location on the Services. Please provide sufficient information to enable our copyright agent to locate the material promptly.

Your address, telephone number, and, if available, e-mail address: Provide your contact information so that our copyright agent can communicate with you regarding your complaint. This information is necessary to follow up on your notice and to take appropriate action.

A signed statement: Include a statement that the above information is accurate and that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law. Additionally, under penalty of perjury, state that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation. This signed statement must be included either by mail or as an attachment to your e-mail.

Notices of copyright infringement claims should be sent as follows:

By Mail:

Nexus Real Estate Group LLC

205 River St, Haverhill, MA 01832

Attention: Copyright Agent

By Email:

Nexus@marketingwithnexus.com

If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. This ensures that we have a formal and verifiable record of your claim, allowing us to address the matter appropriately and legally.

Additional Information

We take copyright infringement seriously and are committed to addressing it promptly. Upon receiving a complete and valid notice, we will take appropriate action, which may include removing or disabling access to the infringing material. We will also notify the user who posted the material about the claim and provide them with an opportunity to respond.

Except as stated in any Product’s Terms, you may deactivate your account at any time by selecting “deactivate account” in your account settings. To permanently delete your account and all associated data, you can submit a request to “delete your data” at Nexus@marketingwithnexus.com.

If you deactivate or delete your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services.

Termination by Nexus Real Estate Group LLC Companies

If you violate any provision of these Terms of Use, your permission to use the Services from the Nexus Real Estate Group LLC Companies will terminate automatically. Additionally, we may, in our sole discretion, deactivate, suspend, or terminate your access to your account and the Services at any time for any reason, with or without notice. This action is taken to ensure the integrity and security of our Services.

Service Changes and Discontinuation

We may alter, suspend, or discontinue the Services or any portion of the Services without notice. We will not be liable whatsoever for any change to the Services or any suspension or termination of your access to, or use of, the Services. This includes any modifications, updates, or the discontinuation of any aspect of the Services.

Changes to Terms of Use

We reserve the right to change these Terms of Use at any time in our sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after any updates are effective will represent your agreement to the revised version of the Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of, and agreement to, any such changes.

Responsibility to Review Terms of Use

You are responsible for regularly reviewing these Terms of Use. Any changes to these Terms of Use will be effective immediately upon posting, and you agree to any changes by continuing to use the Services after the changes are posted. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. It is important to stay informed about the terms governing your use of our Services.

The Nexus Real Estate Group LLC Companies will collect, use, store, and disclose personal information in accordance with our Privacy Policy. Our commitment to your privacy is paramount, and we encourage you to review the Privacy Policy to understand how we handle your personal information. The Privacy Policy is incorporated into, and made a part of, these Terms of Use, ensuring that our privacy practices are transparent and legally binding.

B. Other Terms

Your use of the Services is subject to all additional guidelines, rules, Product’s Terms, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services. This includes, but is not limited to, rules applicable to a particular product or content available through the Services. These additional terms are designed to provide you with a comprehensive understanding of your obligations and the specific conditions that may apply to certain features or products within our Services.

For Non-Affiliated Third-Party Providers

If you are a non-affiliated Third-Party Provider who has created an industry professional account with Nexus Real Estate Group LLC, you are subject to the Data Terms. These terms govern the handling and use of data within the professional scope of our services, ensuring that all parties adhere to high standards of data management and security.

Participation in Nexus Real Estate Group LLC Services

Additionally, if you are a non-affiliated Third-Party Provider who participates in any Services offered by Nexus Real Estate Group LLC, you are also subject to the Nexus Real Estate Group LLC’s Lender Terms of Use. These terms outline the responsibilities and expectations for lenders and other financial service providers who engage with our Services, ensuring compliance with industry standards and legal requirements.

All such terms, including the Privacy Policy, Data Terms, and Lender Terms of Use, are incorporated into, and made a part of, these Terms of Use. By using our Services, you agree to comply with all applicable terms and conditions, ensuring a consistent and lawful experience for all users.

We encourage you to familiarize yourself with these additional terms and policies to fully understand your rights and responsibilities while using our Services. If you have any questions or need further clarification regarding these terms, please contact our support team. Thank you for your cooperation and commitment to maintaining a secure and respectful environment within the Nexus Real Estate Group LLC community.

You agree to indemnify, defend, and hold harmless the Nexus Real Estate Group LLC Companies, their affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of:

(a) Your Access to or Use of the Services: This includes any activities you engage in while using the Services, ensuring that your actions do not cause harm or legal issues for the Nexus Real Estate Group LLC Companies.

(b) Your Breach of These Terms of Use: Any failure to adhere to the agreed-upon terms and conditions may result in liability, and you agree to bear responsibility for such breaches.

(c) Your Violation of Any Law or the Rights of a Third Party: Any unlawful actions or infringements on the rights of others, including intellectual property rights, privacy rights, and contractual rights, are covered under this indemnification.

(d) Any Dispute or Issue Between You and Any Third Party: Should any conflict arise between you and another party, your actions are your responsibility, and you agree to hold the Nexus Real Estate Group LLC Companies harmless.

(e) Any User Materials You Upload to, or Otherwise Make Available Through, the Services: This includes ensuring that any content you provide does not violate any laws, infringe on the rights of others, or cause harm.

(f) Your Willful Misconduct: Any intentional wrongdoing or misconduct on your part is covered under this indemnification.

(g) Any Other Party’s Access to or Use of the Services Using Your Account and Password: You are responsible for maintaining the confidentiality of your account and password and for any actions taken by others using your credentials.

The Nexus Real Estate Group LLC Companies reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate with the Nexus Real Estate Group LLC Companies’ defense of that claim. This cooperation may include providing necessary information, documents, and other assistance as required to effectively manage the defense.

THE NEXUS REAL ESTATE GROUP LLC COMPANIES PROVIDE THE SERVICES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NEXUS REAL ESTATE GROUP LLC COMPANIES AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. THE NEXUS REAL ESTATE GROUP LLC COMPANIES AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION:

• (A) Warranties or Conditions of Merchantability, Fitness for a Particular Purpose, Workmanlike Effort, Accuracy, Title, Quiet Enjoyment, No Encumbrances, No Liens, and Non-Infringement: We do not guarantee that the Services will meet your specific needs, provide the results you desire, or be free from defects or issues that could impact their performance.

• (B) Warranties or Conditions Arising Through Course of Dealing or Usage of Trade: Any expectations you might have based on past interactions or common industry practices are not guaranteed by us.

• (C) Warranties or Conditions of Uninterrupted or Error-Free Access or Use: We do not warrant that the Services will always be available, uninterrupted, or free from errors.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY NEXUS REAL ESTATE GROUP LLC COMPANY OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Assumption of Risk

YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALINGS WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND NEXUS REAL ESTATE GROUP LLC COMPANIES’ MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS.

Jurisdictional Variations

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. This means that in certain places, the above disclaimers may not fully apply to you, and you may have additional rights that are protected by local laws.

A. Limitation of Liability

IN NO EVENT SHALL WE, NOR OUR AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, SUPPLIERS, LICENSORS, AND REPRESENTATIVES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR:

1. Lost Profits: Any lost profits, loss of business, loss of revenue, loss of anticipated savings, loss of goodwill, or loss of use, even if such losses were foreseeable.

2. Data Loss: Any loss of data, or any damage to or corruption of data. You acknowledge that you are solely responsible for backing up your data and ensuring that such backups are kept up-to-date and secure.

3. Procurement of Substitute Goods or Services: The cost of procurement of substitute goods, accommodations, rights, or services, including any incidental or consequential costs incurred as a result of procuring substitute goods or services.

4. Special, Indirect, Incidental, or Consequential Damages: Any special, indirect, incidental, punitive, compensatory, or consequential damages of any kind whatsoever, regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

5. Substitute Goods or Services: Any liability for substitute goods or services, however arising, including but not limited to any defects, delays, or failures related to such substitute goods or services.

6. Direct Damages: Any direct damages in excess of, in the aggregate, the lesser of (A) fees paid to us for the particular services during the immediately previous three (3) month period or (B) $100.00. This limitation applies even if we have been advised of the possibility of such damages.

B. Acknowledgment of Risks

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR:

1. User Content: Any user-generated content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services. You are solely responsible for your interactions with other users and any content you provide.

2. Third-Party Conduct: The defamatory, offensive, or illegal conduct of any third party, including other users, advertisers, or sponsors of the Services. You assume full responsibility for any risks of harm or damage resulting from such conduct.

3. Property Condition and Legality: The condition, legality, or suitability of any property listed or accessed through the Services. The risk of harm or damage from these factors rests solely and entirely with you. You are responsible for conducting due diligence and verifying the information provided about any property.

C. Releases

You shall and hereby do release us from all liability for any consequences of your acquisition or non-acquisition of housing through the Services. This includes any claims related to the quality, condition, legality, or suitability of any property.

You hereby release us and our directors, officers, employees, agents, subsidiaries, Affiliates, successors, predecessors, assigns, heirs, service providers, insurers, investors, attorneys, advisors, and suppliers from all claims, demands, and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to:

1. Content Accessed Through the Services: Any content accessed through the Services, including any errors or omissions in such content.

2. Interactions with Others: Any interactions with other users or third parties arising out of or related to your use of the Services. This includes any disputes, negotiations, or transactions that occur as a result of such interactions.

D. Waiver of Known and Unknown Claims

You expressly waive the provisions of any local law, which provides in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor,” and all similar code provisions in any jurisdiction. This means you release all claims, even those you may not be aware of at the time of executing this release, to the fullest extent permitted by law.

E. No Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT:

1. Services Will Meet Your Requirements: The Services will meet your requirements or expectations.

2. Services Will Be Uninterrupted: The Services will be uninterrupted, timely, secure, or error-free.

3. Results Will Be Accurate: The results that may be obtained from the use of the Services will be accurate or reliable.

4. Any Errors Will Be Corrected: Any errors in the Services will be corrected.

F. Indemnification

You agree to indemnify, defend, and hold harmless Nexus Real Estate Group LLC, its affiliates, and their respective directors, officers, employees, agents, contractors, licensors, and suppliers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

1. Your Use of the Services: Any use or misuse of the Services by you or any other person accessing the Services using your account.

2. Your Violation of These Terms: Any violation of these Terms of Service by you.

3. Your Violation of Any Law or Rights: Any violation of any law or the rights of any third party by you.

4. Your User Content: Any content you upload, submit, post, transmit, or make available through the Services.

G. Changes to Terms

We reserve the right to modify these Terms of Service at any time. Any such modifications will be effective immediately upon posting of the modified Terms of Service. Your continued use of the Services after the posting of the modified Terms of Service constitutes your agreement to abide and be bound by such modifications. If you do not agree to the modified Terms of Service, your sole remedy is to discontinue using the Services.

These Terms of Use are governed by the laws of the State of Massachusetts, without giving effect to its conflict of laws provisions. By using the Services, you agree to the following:

• Jurisdiction and Venue: You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Essex County, Massachusetts, for any and all disputes, claims, and actions arising from or in connection with the Services or otherwise under these Terms of Use. This means that if you have any legal disputes with us, you must bring them to court in Essex County, Massachusetts.

• Location of Operation: The Nexus Real Estate Group LLC Companies operate the Services from its offices in Massachusetts. We make no representation that the Services are appropriate or available for use in other locations. If you access the Services from outside Massachusetts, you do so at your own risk and are responsible for compliance with local laws.

Additional Considerations

• Governing Law: The choice of Massachusetts law as the governing law ensures that any interpretation of these Terms of Use will be based on Massachusetts state law, providing consistency and predictability in the resolution of any legal issues.

• Forum Selection: By agreeing to the specified jurisdiction and venue, you acknowledge that Essex County, Massachusetts, is the appropriate and convenient forum for resolving disputes. This provision helps to streamline dispute resolution and reduce potential conflicts over the appropriate venue.

• Compliance with Local Laws: Users accessing the Services from locations outside of Massachusetts or the United States should be aware of and comply with any local laws that may apply to their use of the Services. The Nexus Real Estate Group LLC Companies are not responsible for ensuring that the Services comply with the laws of every jurisdiction in which they may be accessed.

• Export Compliance: You agree not to export any part of the Services provided to you, or any direct product thereof, except in compliance with all applicable export laws, rules, and regulations, and with all necessary licenses and approvals.

• U.S. Government Use: All Services used by the U.S. Government are provided with the commercial license rights described herein.

• Amendments: These Terms of Use may only be amended by a written agreement signed by authorized representatives of the parties to these Terms of Use. No oral modifications or other amendments will be effective.

• Severability: If any part of these Terms of Use is determined to be invalid or unenforceable, the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision. The remainder of these Terms of Use will continue in effect.

• Section Titles: The section titles in these Terms of Use are solely for the convenience of the parties and have no legal or contractual significance.

• Assignment: We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer, or sublicense your rights, if any, in the Services.

• Waiver: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by an authorized representative of the Nexus Real Estate Group LLC Companies.

• Entire Agreement: Except as expressly stated herein, these Terms of Use, along with all expressly incorporated terms and agreements, constitute the entire agreement between you and the Nexus Real Estate Group LLC Companies with respect to the Services and supersede all prior or contemporaneous communications, agreements, or understandings, whether oral or written, with respect to the Services.

• Notices: Any notices or other communications required or permitted under these Terms of Use will be in writing and delivered by email or by certified mail to the addresses specified by both parties.

• Force Majeure: We will not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, governmental regulations, natural disasters, or other unforeseen events.

• Relationship of the Parties: Nothing in these Terms of Use will be construed as creating a joint venture, partnership, employment, or agency relationship between you and the Nexus Real Estate Group LLC Companies. Neither party has any authority to bind the other in any respect.

• Survival: Any provisions of these Terms of Use that by their nature should survive termination of these Terms of Use will survive such termination, including but not limited to provisions related to ownership, warranty disclaimers, indemnity, and limitations of liability.

• Governing Language: These Terms of Use are written in English, and any translations are provided for convenience only. In the event of any conflict or discrepancy between the English version and any translated version, the English version will prevail.

By using the Services, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please take the time to read the Privacy Policy to understand how we handle your communications and what types of electronic communications you may receive from us. These communications may include, but are not limited to:

• Notices: Information about changes to the Services, updates to these Terms of Use, or other important notices.

• Agreements: Any agreements or modifications to agreements related to your use of the Services.

• Disclosures: Information we are required to provide to you by law, such as disclosures required by applicable regulations.

• Surveys: Requests for feedback or participation in surveys to help us improve the Services.

• Other Communications: Any other information or communications relevant to your use of the Services.

You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. This consent covers all communications we provide to you electronically, including via email, SMS, or through the Services.

Communications Through Web Forms, Links, or Contact Information

The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with the Nexus Real Estate Group LLC Companies or third parties, such as real estate agents and Third-Party Providers. Communications through these methods may be routed through a third-party service (“Communications Service”).

Call Recording and Monitoring

Calls made through these contact methods may be recorded or monitored for quality assurance, training, or customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. By continuing with the call after being notified, you consent to such recording and monitoring by the Nexus Real Estate Group LLC Companies or the Communications Service.

Tracking Phone Calls and Text Messages

We use the Communications Service to track phone calls and text messages between you and real estate professionals so that we and the real estate professional can access certain details about the contact. As part of this process, we and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. By using these contact methods, you consent to these practices by us and the Communications Service.

Privacy and Data Handling

The information collected through these communications methods is subject to our Privacy Policy. We are committed to protecting your privacy and ensuring that your personal information is handled in accordance with applicable laws and regulations.

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs to resolve a complaint regarding the Service or to receive further information regarding the use of the Service. You can reach them in writing at:

1625 N. Market Blvd., Suite S-202, Sacramento, California 95834

Or by telephone at:

(800) 952-5210

The Services are offered by Nexus Real Estate Group LLC and its affiliates, located at:

205 River St, Haverhill, MA 01832

You may contact the Nexus Real Estate Group LLC Companies by:

• Mail: Sending correspondence to the address above.

• Email:Nexus@marketingwithnexus.com

Subject to these Terms of Service, we grant each user of the Services a non-exclusive, non-sublicensable, and non-transferable license to access and use the Services and to access, download, and display locally all Content therein for your personal, non-commercial purposes. This means you can use the Services and view the Content as intended for your personal use. However, any reproduction, modification, distribution, storage, or other use of the Services, or any Content therein, for any other purpose, is expressly prohibited without prior written permission from us.

You shall not:

• Sell, license, rent, share, publish, or otherwise use or exploit any Content outside the Services for commercial use.

• Use the Content in connection with the provision of services to a third party.

• Use the Content in any way that violates any third-party rights.

Special Rights for Nexus Agents

Notwithstanding the foregoing, we grant Nexus Agents certain commercial rights to access and use the Services provided by Nexus, pursuant to their respective Independent Contractor Agreement (ICA) and other related agreements and/or policies between Agents and Nexus. This special provision allows Nexus Agents to use the Services in a manner consistent with their professional agreements and obligations.

Restrictions on Non-Nexus Real Estate Professionals

Without limiting the foregoing, no non-Nexus real estate broker, salesperson, agent, or similar state-licensed real estate professional may:

• Market or make commercial use of the Content in any way.

• Advertise our property listings.

• Copy our Content for commercial use.

• Contact our customers or the owners or sellers of any properties listed on the Services.

Availability of Content

We do not guarantee that any Content will be made available through the Services. We reserve the right, but not the obligation, to:

• Remove, edit, or modify any Content: We may do this at our sole discretion, at any time, without notice to you, and for any reason, including but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service, or for no reason at all.

• Remove or block any Content from the Services: This action can be taken to ensure compliance with these Terms of Service or to address any potential issues or violations.

We are pledged to the letter and spirit of United States policy for the achievement of equal housing opportunity. Our commitment is to ensure that every individual has access to housing without facing discrimination. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

Our Practices

• Affirmative Advertising and Marketing: We actively promote equal housing opportunities through our advertising and marketing programs. This means ensuring that our materials and campaigns are inclusive and accessible to all, without any discriminatory barriers.

• Fair and Honest Treatment: We endeavor to treat all parties fairly and honestly. This includes maintaining transparency in our transactions, providing accurate information, and ensuring that all interactions are conducted with integrity.

• Support for Equal Housing Opportunities: We are committed to supporting and advancing equal housing opportunities. This involves not only adhering to federal and state laws but also fostering an inclusive environment that respects and values diversity.

Encouragement to Users

We encourage our users to join us in this commitment. By promoting and adhering to the principles of equal housing opportunity, we can collectively work towards a more inclusive and fair housing market. We urge all users to:

• Avoid Discriminatory Practices: Refrain from engaging in any discriminatory behavior when listing, advertising, or negotiating for housing.

• Promote Inclusivity: Ensure that all communications, advertisements, and transactions reflect a commitment to inclusivity and equal opportunity.

• Respect Diversity: Treat all individuals with respect and fairness, acknowledging and valuing the diverse backgrounds and experiences of all parties.

IMPORTANT: PLEASE REVIEW THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

A. Arbitration Agreement

1. Agreement to Arbitrate: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration.

2. Arbitration Administration: In the event the American Arbitration Association (AAA) is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services (JAMS). The arbitration will be conducted by a single arbitrator who is a retired judge or a lawyer with experience in the subject matter of the dispute and will follow the arbitration rules and procedures of AAA or JAMS, as applicable, that are in effect on the date the arbitration is filed.

3. Arbitration Procedures: The arbitration will take place in a location determined by the arbitrator as set forth in the rules, provided that such location is reasonably convenient for you. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Nexus Real Estate Group LLC user to the extent required by applicable law. Judgment on the arbitration award may be entered in any court having competent jurisdiction.

4. Costs of Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the rules of AAA or JAMS, as applicable. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

5. Arbitrator’s Authority: The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief that would be available in court under applicable law, the rules of AAA or JAMS, and these Terms of Service. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.

6. Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

B. No Class Actions

1. Class Action Waiver: NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS OF SERVICE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

2. No Representative Actions: You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This means that you are waiving any right to bring or participate in any dispute as a plaintiff or class member in any purported class action or representative proceeding.

C. Waiver of Jury Trial

1. Waiver of Jury Trial: YOU AND WE HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in this Section.

D. Severability

1. Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of the Arbitration Agreement will be given full force and effect. If the prohibition against class actions and other claims brought on behalf of third parties is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

E. Continuation

1. Survival of Terms: This arbitration agreement will survive the termination of your relationship with us, the termination of your account, and the termination of the Services.

F. Right to Opt-Out

1. Opt-Out Procedure: You have the right to opt out of this arbitration agreement by sending a written notice of your decision to opt out to the following address: Nexus Real Estate Group LLC, 205 River St, Haverhill, MA 01832, Attention: Legal Department. This notice must be sent within thirty (30) days of your first use of the Services or the effective date of this arbitration provision, whichever is later. Your notice must include your name and address, your Nexus Real Estate Group LLC username (if applicable), and a clear statement that you want to opt out of this arbitration agreement. If you opt out of this arbitration agreement, all other parts of these Terms of Service will continue to apply to you.

G. Governing Law

1. Federal Arbitration Act: This arbitration agreement is governed by the Federal Arbitration Act, and it evidences a transaction involving interstate commerce. The arbitrator shall apply substantive law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law.

H. Small Claims Court

1. Small Claims Option: Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.

I. Changes to This Section

1. Future Changes: Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address) during your membership in the Service, you may reject any such change by sending us written notice within thirty (30) days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

By agreeing to these terms, you acknowledge that you have read and understand this Arbitration Clause and Class Action Waiver, and that you agree to be bound by its terms. If you do not agree to these terms, you must not use the Services.

A. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Massachusetts, United States of America, without regard to its conflict of law principles. This includes the substantive laws of Massachusetts but excludes its rules on conflicts of laws that might apply the laws of another jurisdiction. Furthermore, the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service or any transactions contemplated by them. This means that all legal matters arising from these Terms of Service will be decided based on Massachusetts law, ensuring consistency and predictability in the application of the law.

B. Jurisdiction and Venue

Without limiting the arbitration obligations set forth above, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Suffolk County, Massachusetts, for any actions not subject to arbitration. This means that any legal action or proceeding arising under these Terms of Service that is not arbitrated must be brought in a court in Suffolk County, Massachusetts. You agree that Suffolk County, Massachusetts is a convenient forum and waive any objection to jurisdiction and venue in those courts.

C. Statute of Limitations

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR US MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, ANY SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

1. Commencement of Actions: This provision means that you must file any lawsuit or legal claim arising from your use of the Services or your relationship with us within one year from the date the claim or cause of action first arose. The "accrual" of a cause of action refers to the time when you first became aware of the issue or should have reasonably become aware of it.

2. Permanent Bar: If you do not file your claim within the specified one-year period, you lose the right to pursue that claim in any forum. This limitation period is intended to ensure that legal disputes are raised promptly and decided based on current evidence and witness testimony.

3. Exception to General Limitations Periods: This provision supersedes any longer statutes of limitations that might otherwise apply under state or federal law. It ensures that all disputes are addressed and resolved in a timely manner, promoting legal certainty and finality.

By using our Services, you agree to these terms, including the requirement to bring any claims within one year. This helps to ensure that any issues are promptly addressed and resolved, rather than allowing disputes to linger indefinitely.

Compliance with Export Laws

By using the Services, you represent and warrant that:

1. Embargoed and Restricted Countries: Neither you nor any listing proposed by you is located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country. The U.S. Government maintains lists of countries subject to embargoes and sanctions, and you must ensure compliance with these restrictions.

2. Prohibited Parties: You are not listed on any U.S. Government list of prohibited or restricted parties. This includes, but is not limited to, the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons (SDN List), and the U.S. Department of Commerce’s Denied Persons List or Entity List. These lists are designed to prevent transactions with individuals and entities that pose a threat to national security, foreign policy, or economic stability.

3. Prohibited Uses: You will not use the Services for any purpose prohibited by U.S. law, including, but not limited to, the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. This prohibition extends to any activity that would support the proliferation of weapons of mass destruction or the means to deliver them.

Export and Re-export Restrictions

1. Authorized Use Only: You may not use, export, re-export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. It is your responsibility to comply with all applicable export control laws and regulations in your use of the Services.

2. Embargoed Countries: The Services may not be exported or re-exported into any United States embargoed countries. Current embargoed countries include, but are not limited to, Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine. This list is subject to change, and you must ensure compliance with the latest restrictions.

3. Prohibited Persons and Entities: The Services may not be exported or re-exported to anyone on the U.S. Treasury Department’s SDN List or the U.S. Department of Commerce’s Denied Persons List or Entity List. Additionally, the Services may not be exported or re-exported to any person or entity on any similar lists maintained by other applicable jurisdictions.

Specific Restrictions

1. Missile Technology, Nuclear, Chemical, and Biological Weapons: You may not use the Services to facilitate the development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons. This includes any support or involvement in activities related to these types of weapons.

2. Transfer and Use: Any transfer, use, or access to the Services must be in full compliance with all applicable export control and sanctions regulations. You are responsible for ensuring that your use of the Services does not violate any laws or regulations, including those related to export controls and sanctions.

3. Obligations to Verify Compliance: You must take all necessary steps to verify that your use of the Services complies with all applicable export control and sanctions laws and regulations. This includes conducting due diligence to ensure that you are not engaging in prohibited transactions with embargoed countries, prohibited parties, or for prohibited uses.

Consequences of Non-Compliance

1. Legal Penalties: Failure to comply with U.S. export control and sanctions laws can result in severe legal penalties, including fines and imprisonment. It is essential to understand and adhere to all applicable laws to avoid these consequences.

2. Termination of Services: We reserve the right to terminate your access to the Services if we determine, in our sole discretion, that your use of the Services violates any applicable export control or sanctions laws. Termination may occur without notice and without liability to you.

3. Cooperation with Authorities: We may cooperate with U.S. Government authorities in the enforcement of export control and sanctions laws, including by providing information about your use of the Services as required by law.

A. General License for Mobile Applications

If we make the Services available as an application for mobile devices (“Application”), then subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. This license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. We reserve all rights in and to the Application not expressly granted to you under these Terms of Service.

B. Apple Applications

Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), the following terms apply:

1. Usage Rules: You will only use the App Store Sourced Application (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Services Store Terms and Conditions.

2. Acknowledgement: Both you and we acknowledge that these Terms of Service are concluded between you and us only, and not with Apple, and that Apple is not responsible for the Application or the content thereof.

3. License: The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services.

4. Apple Device: You will only use the Application in connection with an Apple device that you own or control.

5. Maintenance and Support: You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

6. Warranty: In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure, and upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

7. Claims: You acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application or your possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

8. Intellectual Property: You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

9. Compliance with Law: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Third Party Terms: Both you and we acknowledge and agree that your use of the Application must comply with any applicable third party terms of agreement which may affect or be affected by such use.

11. Third Party Beneficiary: Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.

C. Android Applications

Furthermore, with respect to any Application accessed through or downloaded from the Google Play Store (“Android Sourced Application”), the following terms apply:

1. Usage Rules: You will only use the Android Sourced Application (i) on a product that runs Android (Google’s proprietary operating system software); and (ii) as permitted by the requirements set forth in the Google Play Terms of Service.

2. Acknowledgement: Both you and we acknowledge that these Terms of Service are concluded between you and us only, and not with Google, and that Google is not responsible for the Application or the content thereof.

3. License: The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services.

4. Android Device: You will only use the Application in connection with a device that you own or control.

5. Maintenance and Support: You acknowledge and agree that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

6. Warranty: In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Google of such failure, and upon notification, you must address your remedy with Google directly. To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Application.

7. Claims: You acknowledge and agree that we, and not Google, are responsible for addressing any claims you or any third party may have in relation to the Application or your possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

8. Intellectual Property: You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, and not Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

9. Compliance with Law: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Third Party Terms: Both you and we acknowledge and agree that your use of the Application must comply with any applicable third party terms of agreement which may affect or be affected by such use.

11. Third Party Beneficiary: Both you and we acknowledge and agree that Google and Google’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.

D. Other Third-Party Applications

If the Services are made available to you through any other third-party application that is not subject to the terms addressed in this section, you must comply with the applicable terms and usage rules required by that application’s owner. This may include, but is not limited to, adhering to the terms of service, privacy policies, and any additional guidelines set forth by the third-party application owner.

By downloading or using any Application provided by us, you agree to these Terms of Service. Failure to comply with these terms may result in the termination of your license to use the Application and may subject you to legal consequences. We reserve the right to modify these terms at any time, and your continued use of the Application constitutes your acceptance of any such modifications.

• MLS Data Ownership: You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data. You acknowledge the validity of the MLS's copyright to such data. You also acknowledge that the individual MLS is authorized to access this website for the purpose of monitoring compliance with MLS rules and regulations.

• Third-Party Data Ownership: Nexus Real Estate Group LLC also displays non-MLS data from third-party providers, which own and have the copyright to such data. The MLS is not responsible for the content of such third-party data. You agree to respect the ownership and copyright of all data provided through Nexus Real Estate Group LLC.

• Personal Use Only: All data obtained from this website is intended solely for your personal, non-commercial use. You agree not to copy, redistribute, retransmit, or otherwise use any of the data or information provided for any commercial purposes.

Nexus Real Estate Group LLC strives to provide valuable resources and referrals to assist in your real estate transactions. However, Nexus Real Estate Group LLC does not guarantee or warrant the products or services of other product or service providers to whom it may refer you, including, but not limited to, real estate brokers/agents, lenders, escrow/settlement companies, home inspectors, contractors, or any other service providers. It is important that you conduct your own due diligence and research before engaging with any third-party service provider referred to you by Nexus Real Estate Group LLC.

Trusted Providers Program

Nexus Real Estate Group LLC’s Trusted Providers program allows consumers to leverage the insights and recommendations of real estate agents to locate high-quality service providers. The Trusted Providers program establishes a platform for real estate agents to list known and recommended service providers based on their professional experiences. It is essential to note the following points regarding the Trusted Providers program:

1. Non-Contingent Transactions: Real estate transactions facilitated through Nexus Real Estate Group LLC are not contingent upon the use of service providers listed as Trusted Providers. Users are under no obligation or requirement to use any service providers recommended or listed as Trusted Providers by the real estate agents.

2. No Compensation: Real estate agents participating in the Trusted Providers program are prohibited from receiving or providing any form of compensation, financial or otherwise, in exchange for highlighting or recommending Trusted Providers on the Nexus Real Estate Group LLC platform. This prohibition includes any form of remuneration from settlement service providers.

3. Independent Relationships: Nexus Real Estate Group LLC maintains no control over the relationships between real estate agents and Trusted Providers. Each relationship is independent, and any agreements or interactions between agents and Trusted Providers are not overseen or endorsed by Nexus Real Estate Group LLC.

Compliance with Regulations

By using Nexus Real Estate Group LLC’s Trusted Providers program and platform, real estate agents agree to conduct their activities in strict adherence to all relevant regulations, including, but not limited to, the Real Estate Settlement Procedures Act (“RESPA”). Agents must ensure their actions do not violate any federal, state, or local laws and regulations governing real estate transactions and referrals.

For questions regarding RESPA and to ensure compliance, please reference the official website at RESPA Regulations. https://www.consumerfinance.gov/rules-policy/regulations/1024/

Consumer Responsibility

While Nexus Real Estate Group LLC aims to connect you with reputable service providers through its Trusted Providers program, it is ultimately your responsibility to:

1. Conduct Due Diligence: Thoroughly investigate and vet any service provider before engaging their services. This includes checking references, reviews, credentials, and any relevant licensing or certification.

2. Understand Terms and Conditions: Ensure you understand and agree to the terms and conditions of any agreement or contract with a service provider. Be aware of your rights and obligations under such agreements.

3. Seek Independent Advice: If necessary, seek independent legal, financial, or professional advice before making decisions related to real estate transactions or service engagements.

No Endorsement or Liability

Nexus Real Estate Group LLC does not endorse, recommend, or make any representations or warranties regarding the quality, reliability, or suitability of any service provider listed as a Trusted Provider. By using the Trusted Providers program, you acknowledge that:

1. No Liability: Nexus Real Estate Group LLC is not liable for any actions, omissions, errors, or negligence of any service provider listed on its platform. Any disputes or claims arising from your engagement with a service provider must be resolved directly between you and the service provider.

2. Independence: The inclusion of a service provider in the Trusted Providers program does not constitute an endorsement or approval by Nexus Real Estate Group LLC. Service providers are listed based on agent recommendations and are not verified or vetted by Nexus Real Estate Group LLC.

Entire Agreement

These Terms of Service, together with any state-mandated disclosure forms provided separately, constitute the entire agreement between you and us regarding the Services. This agreement supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and us concerning the Services. By accepting these Terms, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions herein, as well as any additional terms and conditions that may apply to specific sections of the Services or to products and services available through the Services.

Severability

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, so the remaining terms will remain in full force and effect. The invalidity of any provision shall not affect the validity of the remaining provisions, which will continue to be valid and enforceable. The failure of either party to exercise any right provided herein shall not be deemed a waiver of any further rights under these Terms. Each provision of these Terms is distinct and severable from every other provision.

Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms when such failure results from causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, mechanical, electronic, or communications failure or degradation, or third-party acts or omissions. In such circumstances, our obligations under these Terms of Service will be suspended for the duration of the event. We will use reasonable efforts to notify you of the nature and extent of such events.

Assignment

These Terms of Service are personal to you and may not be assigned, transferred, or sublicensed by you without our prior written consent. Any attempt to assign or transfer in violation of this provision will be null and void. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent. This includes the right to assign any rights to affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Agency

These Terms of Service do not create any agency, partnership, joint venture, or employment relationship between you and us. Neither party has any authority to bind the other in any respect. You agree not to represent yourself as an agent, representative, or affiliate of Nexus Real Estate Group LLC without our express, prior written consent.

Notices

Unless otherwise specified in these Terms of Service, all notices must be in writing and will be deemed duly given:

1. **When received, if personally delivered or sent by certified or registered mail, return receipt requested.

2. **When receipt is electronically confirmed if transmitted by facsimile or email.

3. **The day after it is sent if sent for next-day delivery by a recognized overnight delivery service.

Notices should be sent to notices@nexusrealestate.com for electronic notices, or to our physical business address for mail notices.

No Waiver

Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to enforce that or any other part of these Terms in the future. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. To be binding, any waiver of compliance with these Terms must be provided in writing by an authorized representative.

Headings

The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. These headings are included only to make these Terms easier to read and are not intended to be full and accurate descriptions of the contents of the paragraphs or sections.

Third Party Rights

These Terms of Service benefit us, our Affiliates, vendors, suppliers, and our and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these entities and individuals shall have the right to assert and enforce these Terms directly against you on its or their behalf. No other person or entity shall be deemed to be a third-party beneficiary of these Terms of Service.

Discretion and Communications

We reserve the right to accept or refuse any offer or service at our discretion. We may send you emails and other communications related to Nexus Real Estate Group LLC, including news updates, regardless of any settings or preferences related to your account or affiliation with Nexus Real Estate Group LLC. You acknowledge and agree to receive these communications as part of your use of the Services.

Transfer and Assignment of Services

You may not transfer or assign your real estate service or any benefits, including promotion codes or offers, except as allowed in these Terms. Some benefits may require certain price thresholds, have limitations, or require meeting specified criteria to access them. Nexus Real Estate Group LLC reserves the right to add or remove membership or offer benefits at its sole discretion.

Free Moving Service

The free moving service is capped at a maximum budget of $500. Nexus Real Estate Group LLC reserves the right to refuse or limit any offer for any reason. This service is subject to availability and additional terms and conditions, which will be provided at the time of booking.

Disclaimer

No guarantee, warranty, or representation of any kind is made regarding the completeness or accuracy of descriptions or measurements (including square footage measurements and property condition). Such information should be independently verified. Nexus Real Estate Group LLC expressly disclaims any liability in connection therewith. The content on this site is for informational purposes only and is not intended to provide legal, financial, or real estate advice. Please seek the services of a legal, accounting, or real estate professional prior to any real estate transaction. Nexus Real Estate Group LLC does not intend to solicit or interfere with any established agency relationship you may have with another real estate professional.

By using our Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. If you do not agree to these Terms, please do not use our Services. We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes your acceptance of any such modifications.