Terms of Service | Tenant Screening

PLEASE READ ALL OF THE FOLLOWING TERMS CAREFULLY AS THEY CONTAIN INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 12 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Listing 2 Leasing, LLC ("Company") is a Delaware limited liability company that owns and operates www.listing2leasing.com ("Platform") through which Company provides services by which broker, landlords, tenants, and other parties may participate in and process real estate transactions. This Terms of Service agreement ("Agreement") states the terms and conditions under which a user ("User") may access and use the Platform. Company and User are each, alternatively, a "Party" and collectively "Parties."

1.Acceptance of Terms of Service. By accessing and using the Platform, whether or not to utilize Company's services, User hereby READS, UNDERSTANDS, ACCEPTS, and AGREES to be bound by this Agreement's terms and conditions. Should User NOT accept these terms and conditions, User must neither access nor otherwise use the Platform. To the extent permitted by law, Company may amend, at any time and from time to time, this Agreement by posting a version of this Agreement to http://www.listing2leasing.com/tos. This Agreement will terminate immediately upon the introduction of a new Agreement ("New Agreement") and User will be given an opportunity to review and accept the New Agreement. If User accepts the New Agreement, User will be able to continue accessing the utilizing the Platform subject to the terms of the New Agreement. If User declines to accept the New Agreement, or if User cannot comply with the terms of the New Agreement for any reason, User will no longer be permitted to access the utilize the Platform and User must cease accessing the utilizing the Platform.

2.Residency and Age. The Platform is intended to be accessed and utilized by Users who have attained the age of majority in their respective state or province. By accessing and using the Platform, User hereby represents, warrants, and affirms that it is either at least 18 years of age, an emancipated minor, or has acquired a parent or guardian's consent. User hereby affirms that it is, at a minimum and without exception, 13 years old. The Platform is not intended to be accessed or utilized by children less than 13 years of age.

3.Disclaimer.

a. COMPANY'S SERVICES INVOLVE MERELY ENABLING, THROUGH THE PLATFORM, INDIVIDUAL USERS SEEKING TO PARTICIPATE IN REAL ESTATE TRANSACTIONS INCLUDING, WITHOUT LIMITATION, RESIDENTIAL LEASING AND SALES TRANSACTIONS, TO OBTAIN SCREENING, VERIFICATION, AND DOCUMENT MANAGEMENT AND EXECUTION SERVICES. COMPANY DOES NOT PROVIDE LEGAL ADVICE AND USER IS ADVISED TO CONSULT WITH HIS OR HER OWN ATTORNEY PRIOR TO USING THE PLATFORM. USERS' ENGAGEMENT WITH ONE ANOTHER ON THE PLATFORM IS VOLUNTARY AND NOT DETERMINED BY COMPANY. COMPANY DOES NOT GUARANTEE OR WARRANT, AND MAKES NO REPRESENTATIONS REGARDING, THE RELIABILITY, QUALITY OR SUITABILITY OF ANY THIRD-PARTY CREDIT, BACKGROUND, VERIFICATION, OR OTHER DATA PROVIDERS OR THEIR SERVICES OR PLATFORM’S OR USER’S UTILIZATION THEREOF.

b. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM AND THE ENTIRETY OF ITS SERVICES, CONTENT, AND INFORMATION THEREOF, MATERIALS PROVIDED THEREWITH, AND SERVICES WHICH MAY BE OBTAINED THEREBY ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND COMPANY HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE DUE TO COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT: (I) THE PLATFORM WILL MEET USER’S REQUIREMENTS; (II) ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY INFORMATION OBTAINED THROUGH OR FROM THE PLATFORM WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE PLATFORM OR FROM OTHER USERS WILL MEET ANY EXPECTATIONS; (V) ANY USET-PROVIDED INFORMATION WILL NOT BE DISCLOSED TO THIRD-PARTIES; (VI) ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED; (VII) THE PLATFORM WILL OPERATE IN A PARTICULAR CONFIGURATION WITH PARTICULAR HARDWARE OR SOFTWARE; (VIII) THE OPERATION OF ANY THIRD-PARTY OR SOFTWARE THEREOF NECESSARY FOR PLATFORM OPERATION WILL BE SUFFICIENT; OR (IX) THE INTERNET GENERALLY. NO DATA, ADVICE, OR INFORMATION OBTAINED FROM THE COMPANY PARTIES, AS DEFINED BELOW, SHALL CREATE ANY WARRANTY. USER HEREBY WAIVES ANY STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.

c. Despite this knowledge and understanding, each Party hereby assumes the risk of such unknown and unanticipated facts and claims, and, except as otherwise provided in this Agreement, hereby waives any alleged right to set aside or rescind this Agreement and any and all rights under California Civil Code § 1542 (and similar laws in other jurisdictions), which section has been duly explained to and is understood by each Party, and which reads as follows:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

4.Proprietary Rights.

a. Ownership. All Platform content, including any content User may provide to the Platform, is protected under international law and is owned by Company or its licensors.

b. Limited License. Company hereby grants User a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Platform solely for User's own purposes and at all times subject to the terms and conditions of this Agreement. User's use of the Platform may involve uploading, downloading, printing, executing, completing, and creating overlays on real estate transaction documents, completing tenant applications, and obtaining tenant screening services. Notwithstanding the foregoing, User agrees not to sell, offer to sell, sub-license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works of the Platform or from content available on the Platform. All rights not expressly granted under this Agreement are reserved by Company and its licensors.

c. Prohibitions. User agrees that it may NOT: (i) use the Platform or any content or information available through the Platform for any unauthorized purpose; (ii) interfere with or damage the Platform including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Platform; (iii) use the Platform to collect, store, or distribute (e.g., “phish”) any information about any other person in violation of any law, including information related to persons 13 years of age or younger; (iv) use to Platform to send or store infringing, sexually explicit, harassing, obscene, threatening, libelous, or otherwise unlawful or tortious communications or material, including material harmful to children or in violation of third-party privacy rights; (v) use the Platform to impersonate any person, company, or entity, or misrepresent User’s identity; (vi) modify, sublicense, assign, give, transfer, translate, sell, resell, reverse engineer, decipher, decompile, or otherwise disassemble any code, data, content, services, or information available through the Platform or any software components used on or for the Platform or access thereto; (vii) attempt to gain unauthorized access to the Platform or its related systems or networks; (viii) use any third-party software or scripts to utilize the Platform or collect information from or through the Platform; (ix) distribute, re-distribute, or permit transfer of the Platform or content or information available through the Platform in violation of any export or import law and/or regulation or restriction of the United States of America and its agencies or authorities, or without all required approvals, licenses or exemptions; (x) use the Platform to disseminate, store, or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (xi) use the Platform to disseminate, store, or transmit files, graphics, software or other material that actually, impliedly, or potentially infringes the Intellectual Property Rights of any person, entity, partnership, organization, association, or otherwise; (xii) adapt, translate, or create any derivative works of the Platform or merge the Platform into any other software; (xiii) use the Platform to display or promote spyware, adware, spam, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, the sale of tobacco or alcohol to persons under twenty-one (21) years of age, pornography, prostitution, body parts, any items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, or weapons and accessories; (xiv) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Platform or materials available thereon or otherwise obscure or modify the any manner in which the Platform is displayed; (xv) share access to User’s account or utilize multiple accounts to avoid payment walls; (xvi) access or utilize the Platform without permission on a stolen or lost device; or (xvii) assist any third-party in doing any of the foregoing.

5.User's Use of the Platform.

a. General. User agrees to use the Platform responsibly and truthfully. Depending on User's circumstances, User may be able to browse Platform pages, register different types of accounts, participate in various real estate transactions, and order third-party services through the Platform. User acknowledges and agrees that Company may disclose and make available to others information User provides to the Platform (e.g., name, address, phone number) to enable Platform to provide tenant screening, document management and execution, and other services. User acknowledges and agrees that when submitting a rental application User may be asked to provide social security numbers and birthdates through the Platform to enable it to retrieve required tenant screening products. Where User is required to order, through the Platform, a credit-related tenant screening product, User may be asked questions related to User's credit history for authentication purposes ("Authentication Questions"). USER'S REFUSAL TO PROVIDE SUCH INFORMATION, OR GENERAL INABILITY TO PROVIDE ACCURATE PERSONAL INFORMATION, THROUGH THE PLATFORM INCLUDING, WITHOUT LIMITATION, BY CORRECTLY ANSWERING AUTHENTICATION QUESTIONS, MAY RESULT IN USER BEING UNABLE TO COMPLETE APPLICATIONS OR OTHER REAL ESTATE TRANSACTIONS THEREON WHICH MAY RESULT IN USER'S LOSS OF APPLICATION OR OTHER FEES.

b. User Accounts.

i. Registration. To use certain features of the Platform, User may be asked to register an account with the Platform. User agrees: (i) to provide true, accurate, current and complete information ("User Information") about itself as prompted by any registration or signature form; and (ii) to maintain and promptly update its User Information to keep it true, accurate, current and complete. If Company has reasonable grounds to suspect that User Information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to and use of the Platform (or any portion thereof). User may be required to select a username (e.g., the User's email address) and password when completing the registration process. User is solely and fully responsible for maintaining the confidentiality of its username and password, and is solely and fully responsible for all activities that occur under its username and password. User agrees to: (i) immediately notify Company of any unauthorized use of User's username and password or any other breach of security; and (ii) ensure that User log off from its account at the end of each session. Company cannot and will not be liable for any loss or damage arising from User's failure to comply with this section.

ii. Merging. User acknowledges, understands, and agrees that in the event User’s organization, and agents or representatives thereunder, are collectively registered with the Platform, User’s account associated with that organization (e.g., by email address domain) may be merged into a new account and any User Information or other data associated with User’s previously-registered account may be lost.

c. Third-Party Payment Processing. Tenant screen, rental application, and other services through the Platform may involve transferring the User to the secured server of a payment processing service provider ("PSP," e.g., Stripe), independent companies providing subscription payment processing and other billing services for website operators, such as the owner and operator of the Platform. Neither PSP nor any person or company related to PSP holds any ownership interest in the Platform, nor receives any financial benefit from the Platform other than a fee paid by the owner of the Platform to PSP for the services performed by PSP. Company has no control over the PSP or any of the design, layout, content, subject matter, services, or persons that appear in or on or that are linked from the Platform to the PSP. Accordingly, Company makes absolutely no representations and/or warranties, and provides no assurances, regarding the PSP, the PSP owner, or the quality, availability, legality, or description of the payment processing services offered thereon. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF ABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PSP AND/OR THE SERVICES OFFERED THEREON. By submitting User's request for payment authorization for a transaction in which User desires to participate, User acknowledges having read, understood and agreeing to the terms and conditions herein stated and User agrees to indemnify, defend, and hold Company harmless from any and all liabilities, damages (including attorney’s fees and associated costs), and other costs and expenses arising in connection with User's visit to or use of the Platform, and/or User's purchase of any of the services offered thereon.

d. Credit Information Retrieval.

i. General. User understands that under certain circumstances, User may be requested to enable Platform to make available User's Credit Information (e.g., for tenant screening purposes during a rental application) the delivery and consumption of which is regulated under the Fair Credit Reporting Act, 15 U.S.C. § 1681 ("FCRA"). Credit Information and data made available to authorized Platform Users is provided by TransUnion®. Credit Information is not stored on the Platform. User agrees and acknowledges that obtaining such information is a "permissible purpose" under 15 U.S.C. § 1681b(a)(3)(f)(i) and 9 V.S.A. § 2480e(a)(2), et al., namely, Company is enabling another person, who User authorizes and provides consent, to access User's Credit Information in connection with a business transaction (e.g., a residential rental application) that User has initiated. User may view his own Credit Information as it is obtained through the Platform ("Consumer View") and print out the information contained therein. In the event User is required to authorize other users to access User's Credit Information after the User's Credit Information is initially made available and viewable in the Consumer View, User's Credit Information made available at that time may differ from User's Credit Information initially made available.

ii. Written Instructions. User understands that by clicking in agreement to submit a rental application on the Platform, User is providing 'written instructions' to Company under the 15 U.S.C. § 1681b(2) authorizing Company to obtain information from your personal credit report or other information from TransUnion® and User is authorizing Company to obtain such credit report information to provide tenant screening services for renting or leasing a property.

iii. Paper Report Request. A User who consents to the provision of his credit information to authorized Users through the Platform may, for a period of thirty (30) days thereafter, request a paper copy of the report by sending the request to customerservice@listing2leasing.com and to Company along with self-addressed stamped envelope and $10 in certified funds (e.g., money order or cashier's check, DO NOT SEND CASH) to Listing 2 Leasing LLC ATTN: Credit Report Request 200 W. Ohio St. 2nd Floor Chicago, IL 60654. Please allow ten (10) business days for delivery.

iv. Certifications. Where User obtains another user's credit information through the Platform, User certifies that:

1. User has read and understood Fair Credit Reporting; Permissible Purposes for Furnishing, Using, and Obtaining Consumer Reports, available at https://www.govinfo.gov/content/pkg/FR-2022-07-12/pdf/2022-14823.pdf

2. User's sole use of Credit Information is for a "permissible purpose" under 15 U.S.C. § 1681b and not for any other purpose including, without limitation, any purpose prohibited by law;

3. User shall comply with all federal, state, and local statutes, regulations, and rules applicable to receiving Credit Information, including without limitation, the FCRA;

4. User does not intend to resell or otherwise provide or transfer the Credit Information in whole or in part to any other person or entity;

5. User acknowledges that services containing TransUnion® information may contain information from the Death Master File as issued by the Social Security Administration (“DMF”);

6. Pursuant to Section 203 of the Bipartisan Budget Act of 2013 and 15 C.F.R. § 1110.102 that, consistent with its applicable FCRA or GLB use of TransUnion® information, User’s use of deceased flags or other indicia within the TransUnion® information is restricted to legitimate fraud prevention or business purposes in compliance with applicable laws, rules regulations, or fiduciary duty, as such business purposes are interpreted under 15 C.F.R. § 1110.102(a)(1);

7. User shall not take any adverse action against any credit report subject without further investigation to verify the information from the deceased flags or other indicia within the TransUnion® information; and

8. User shall implement and maintain a comprehensive information security program written in one or more readily accessible parts and that contains administrative, technical, and physical safeguards that are appropriate to the User’s size and complexity, the nature and scope of its activities, and the sensitivity of the information provided to User by Company, and that such safeguards shall include the elements set forth in 16 C.F.R. § 314.4 and shall be reasonably designed to (a) insure the security and confidentiality of the information provided by Company, (b) protect against any anticipated threats or hazards to the security or integrity of such information, and (c) protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any consumer.

e. E-Sign / UETA Disclosure and Consent.

i. Purpose. The following consents are provided pursuant to the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq. and the Uniform Electronic Transactions Act, as adopted by the various States.

ii. Electronic Communications Delivery. User agrees and consents to receive electronically all communications, agreements, notices, documents and disclosures relating to the User's use of the Platform (collectively, "Communications"). Communications include agreements and policies to which User agrees to including, without limitation, the Agreement, including updates to these agreements or policies; disclosures; transaction receipts or confirmations; statements and transaction history; real estate transaction documents, and any other transaction information or other information related to the Agreement or the Platform. Company will provide Communications to User by posting them on the Platform and/or by emailing them to User at an email address associated with User's account.

iii. Hardware and Software Requirements. In order to access and retain electronic Communications, User will need the following computer hardware and software: a computer with an Internet connection; web browser that includes 128-bit encryption with cookies enabled; a version of Adobe Acrobat Reader to open documents in .pdf format; a valid email address (designated by User during registration); and sufficient storage space to save past Communications or an installed printer to print them. Company will notify User in the event that the Platform's hardware or software requirements materially change. User consents and confirms that User has access to the necessary equipment and is able to receive, open, and print or download a copy of any Communications for User's records.

iv. Consent Withdrawal. User may withdraw consent at any time. However, such withdrawal will prevent User for utilizing certain features of the Platform and Company will have the right to discontinue User's access to certain features of the Platform, terminate this Agreement or any other agreement Company may have with User, or charge User reasonable fees to obtain paper copies. To withdraw consent, User may send a written request by email to customerservice@listing2leasing.com.

v. Paper Records Request. In the event User wishes to receive a paper copy of an agreement User has executed over the Platform, User may send the request, within ninety (90) days of the agreement's execution, via email to customerservice@listing2leasing.com. User's request for paper records under this Section must include a valid mailing address. User understands and agrees that User may be charged postage and handling for Company' fulfillment of the request.

f. Promotions. All promotions are void where prohibited. Except where expressly stated, Company promotions are not sponsored by any third-party merchants.

i. Gift Vouchers. Codes, coupon, cards, or other gifted items (“Gift Vouchers”) provided or obtained through the Platform are utilized only subject to the disclaimers, liability limitations, terms, and conditions contained herein in addition to any terms or conditions applicable to any third-party merchants by which Gift Vouchers may be redeemed. Company is not responsible for lost or stolen Gift Vouchers. Gift Vouchers have no intrinsic value.

ii. Promotion Codes. Certain promotions on the Platform may involve distributing to User a promotional code (“Promo Code”) for use on a transaction processed through the Platform. No more than one Promo Code may be used per transaction. Where the use of a Promo Code results in the distribution of a Gift Voucher, such Gift Voucher is only distributed Company receives a payment from a Premium Package applicant screening. Company is not responsible for lost or stolen Promo Codes. Promo Codes may be invalidated under certain circumstances including, without limitation, where User’s account registration is merged or obviated by a subsequent registration or where a Promo Code-associated transaction is refunded. Promo Codes have no intrinsic value.

g. Verifications. Company may agree to attempt, independently or through third-parties, to verify User's employment. User acknowledges and agrees that (i) such attempts are not guaranteed to verify User's employment to any accuracy and (ii) any fees charged by Company for verification are non-refundable.

iii. Referrals. Under certain circumstances, User may earn a Gift Voucher by referring another User to the Platform. User may earn a maximum of one (1) Gift Voucher per new individual who registers an account with the Platform using the email address User provides to Company for that new individual, provided the email address or individual is not already registered with the Platform. User may not refer himself or herself.

6.Links. The Platform may contain links to other Internet sites and resources, and User hereby acknowledges and agrees that: (i) Company shall not be responsible for the availability of such external sites or resources; and (ii) Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. User agrees that Company 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 upon, any such content, goods or services available on or through any such website or resource.

7.Limits on Liability. COMPANY, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS ("COMPANY PARTIES") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO: (I) THE PLATFORM'S AVAILABILITY; (II) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD-PARTY, WHETHER ONLINE OR OFFLINE; (III) ANY PLATFORM CONTENT; (IV) ANY GOODS OR SERVICES ACQUIRED AS A RESULT OF ANY INFORMATION OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM; OR (V) ANY USE OF GOODS OR SERVICES MADE AVAILABLE ON ANY INTERNET RESOURCE OR WEBPAGE LINKED TO THE PLATFORM. THE COMPANY PARTIES SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE SYSTEM, CELLULAR NETWORK, CABLE SYSTEM, COMPUTER EQUIPMENT, SERVER, PROVIDER, OR SOFTWARE. THE COMPANY PARTIES SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO USER'S COMPUTER RESULTING FROM USE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING, SERVER USE OR ACCESS, OR FOLLOWING PLATFORM LINKS. USER ACCESSES THE PLATFORM AT HIS/HER OWN RISK AND IS SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. THE COMPANY PARTIES SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR RECEIVED FROM THE PLATFORM, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. THE COMPANY PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE PLATFORM. THE COMPANY PARTIES SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION, OR ALTERATION OF USER'S COMMUNICATION.

IN ANY MATTER ARISING FROM OR RELATED TO THE PLATFORM OR THE AGREEMENT, SHALL NOT EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100.00).

USER'S ACCESS OR USE OF ANY THIRD-PARTY WEBSITE OR INTERNET RESOURCE LINKED TO OR FROM THE PLATFORM, OR USER'S USE OF GOODS OR SERVICES FROM THIRD-PARTY WEBSITES OR INTERNET RESOURCES LINKED TO OR FROM THE PLATFORM, IS MADE AT USER'S OWN RISK. USER HEREBY RELEASES THE COMPANY PARTIES FROM ANY DAMAGES USER SUFFERS FROM USER'S ACCESS TO THIRD-PARTY WEBSITE OR INTERNET RESOURCES, AND USER AGREES NOT TO MAKE ANY CLAIMS AGAINST THE COMPANY PARTIES ARISING FROM ANY PURCHASE OR ACQUISITION OF GOODS AND SERVICES MADE AVAILABLE THROUGH THE PLATFORM OR THOUGH THIRD-PARTY WEBSITES OR INTERNET RESOURCES.

THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE FAILURE, BY ANY PARTY, TO PROTECT USER PASSWORDS OR ACCOUNT INFORMATION. THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY FAILURE OR PERFORMANCE DELAY UNDER THE AGREEMENT DUE TO CIRCUMSTANCES BEYOND THE COMPANY PARTIES' CONTROL INCLUDING, BUT NOT LIMITED TO, NATURAL CATASTROPHES, GOVERNMENTAL ACTS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM INTERRUPTIONS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION INTERRUPTIONS, OR ANY INABILITY TO ACQUIRE MATERIALS OR SUPPLIES.

8.Representations and Warranties of User. User hereby represents and warrants that: (i) it has the legal right and authority to enter into this Agreement and execute User's transactions occurring over the Platform, via electronic signature protocols or otherwise; (ii) User's use of the Platform shall not violate any agreement User has with any other person or entity; and (iii) any materials or information provided by User to the Platform, and User's use of the Platform, shall not violate any law nor infringe upon nor violate any rights of any person or entity including, but not limited to, intellectual property rights, the right of privacy, right of publicity, or the right against libel or slander.

9.Indemnification. User agrees to indemnify, defend, and hold harmless the Company Parties from and against any loss, liability, or expense, including reasonable attorneys' fees and expenses and court costs, arising out of or related to: (i) any third-party claim against any Company Party alleging that User's use of the Platform infringes any of the third-party's rights; (ii) any User breach of any provision of this Agreement and/or any representation or warranty identified herein; or (iii) any cost or expense Company incurs in enforcing this Section. Company reserves the right to control the defense and settlement of any action or proceeding against any Company Party that User is bound to defend pursuant to the foregoing.

10.Suspension / Termination. Company, in its sole and unfettered discretion, may suspend or terminate all or part of User's access to the Platform for any reason including, without limitation, User's breach of this Agreement. User agrees that any suspension or termination of its access to the Platform may be effected without prior notice, and User agrees that: (i) Company may immediately deactivate or delete any of User's accounts and all related information and files in such accounts; and (ii) bar any subsequent access to the Platform. User agrees that Company shall not be liable to User or any third-party for any costs or damages of any kind for or resulting from any suspension or termination of User's Platform access. Company reserves the right to block users from certain IP addresses from accessing the Platform.

11. Take-Down Requests; DMCA. Company expressly prohibits users from uploading, posting, or otherwise distributing through the Platform any content which may violate another party's privacy, publicity, intellectual property, or other rights. If any User believes any Platform content violates or otherwise infringes upon any of User's rights, User is encouraged to contact Company immediately to request that the allegedly offending content ("Offending Content") to be removed from the Platform. To make such a request ("Take-Down Request"), User should provide Company's designed agent, listed below, with:

the identify of the Offending Content in sufficient detail such that it can be readily located (e.g., "The photograph of available at http://www. listing2leasing.com/item123.jpg");

User's name, mailing address, email address, and telephone number; and

the name, user id, email, telephone phone number, and mailing address of the person User believes posted the Offending Content (as available).

In accordance with the Digital Millennium Copyright Act ("DMCA"), Company has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations, and may accept notification of other offending Platform content. If User believes in good faith that material appearing on this Platform infringes your copyright, provide notification, pursuant to 17 U.S.C. § 512(c)(3)(A), to our Copyright Agent at:

Au, LLC

444 W Lake Street, 17th Floor

Chicago, IL 60606

adamu@au-llc.com

Tel: (312) 715-7312

Similarly, the DMCA provides that if one, in good faith, believe that a notice of copyright infringement has been wrongfully filed against him, he may send to our Copyright Agent a counter notice, subject to the requirements set forth in 17 U.S.C. § 512(g)(3).

Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this Platform constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f).

Company will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.

12.Dispute Resolution Protocol.

a. Controlling Law and Jurisdiction. This Agreement will be interpreted in accordance with the laws of the State of Illinois and the United States of America, without regard to its conflict-of-law provisions. User and Company agree to submit to the personal jurisdiction of the Circuit Court of Cook County, Illinois or the United States District Court, Northern District of Illinois also located in Cook County, Illinois, for any actions for which the Parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

b. Negotiations. In the event any dispute arises, User and Company agree to first attempt to negotiate the resolution any dispute, except those disputes the involving actual or threatened infringement, misappropriation, or violation of a Party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, informally for at least thirty (30) days before initiating any arbitration or court proceeding.

c. Other Parties. User accepts that, as a corporation, Company has an interest in limiting the personal liability of its officers and employees. User agrees that it will not bring any claim personally against Company's officers or employees in respect of any losses User suffers in connection with the Platform. Without prejudice to the foregoing, User agree that the limitations of warranties and liability set out in this Agreement will protect Company's officers, employees, agents, subsidiaries, successors, assigns, attorneys, and sub-contractors as well as Company.

d. Binding Arbitration. All claims arising from use of the Platform (except those disputes the involving actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights) will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. User understands that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes both of which are available at the AAA website http://www.adr.org. The Parties will submit prehearing briefs of no more than 10 pages and the arbitration hearing will be limited to two (2) days maximum. The arbitrator will apply Illinois law. Unless otherwise agreed by the Parties, arbitration will localed in Chicago, Illinois. User's arbitration fees and User's share of arbitrator compensation will be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If User's claim for damages does not exceed $10,000, Company will pay User's share of fees unless the arbitrator finds that either the substance of User's claim or the relief sought was frivolous or brought for an improper purpose as determined pursuant to Federal Rule of Civil Procedure 11(b). The arbitration will be conducted remotely. The arbitrator will make a reasoned decision in writing. The arbitrator must follow Illinois law and any award may be challenged if the arbitrator fails to do so. The Parties may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

e. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER. USER AND COMPANY AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN COMPANY AND USER INDIVIDUALLY. USER ACKNOWLEDGES AND AGREES THAT USER AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE USER'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.

14.Miscellaneous.

a. Waiver; Remedies Cumulative. To the maximum extent permitted by applicable law: (i) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by a Party, in whole or in Party, by a waiver or renunciation of the claim or right unless in writing signed by such Party; (ii) no waiver that may be given by a Party will be applicable except in the specific instance for which it is given; and (iii) no notice to or demand on one Party will be deemed to be a waiver of any obligation of that Party or of the right of the Party giving such notice or demand to take further action without notice or demand as provided in this Agreement.

b. Entire Agreement and Modification. This Agreement, and any additional terms or conditions referenced herein, supersedes all prior agreements, whether written or oral, between the Parties with respect to its subject matter and constitutes a complete and exclusive statement of the terms of the agreement between the Parties with respect to its subject matter. Where the terms of this Agreement conflict with any referenced terms or conditions, the terms of this Agreement shall control. The Parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement.

c. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. This Agreement is not intended, and will not be construed, to render Company, User, and/or third-parties partners, joint venturers, or co-owners.

d. Contact. Any questions regarding these Terms of Service may be directed to Company's administrators at info@listing2leasing.com.