LandEXCHANGE™ Terms

Last Updated: November 30, 2021

1. Use of LandEXCHANGE™

Use of LandEXCHANGE™ is subject to the Web Terms of Use in addition to these specific terms. Any terms not specifically defined herein have the definition in the Web Terms of Use.

2. No Special Relationship

You acknowledge and agree that Land Intelligence has no special relationship with or fiduciary duty to You and that Land Intelligence has no control over, and no duty to take any action regarding: what Content other account holders or subscribers may make available, publish, or promote in connection with the Services; what effects any Content may have on you or other user of the Site or Services; how you may interpret, view, or use the Content; or what actions you may take as a result of having been

exposed to the Content.

3. User Agreements

By viewing, using, or accessing LandEXCHANGE™ or any of the Services, including by using any tool, form, or agreement provided on the Site, or by uploading any other form or agreement to the Site, You acknowledge and agree that:

(a) Land Intelligence is a not a party to the transaction contemplated by such form or agreement;

(b) Land Intelligence makes no representations or warranties as to the sufficiency, legal effect, or enforceability of any such tools, forms, and agreements and by your use of the same, You confirm that you have made your own independent analysis of the sufficiency, legal effect, and enforceability of any such tools, forms, and agreements without reliance on Land Intelligence;

(c) Land Intelligence makes no representations or warranties as to the sufficiency, legal effect, or enforceability of any electronic signatures, including, without limitation, what law may govern such electronic signatures. By viewing, using, or accessing LandEXCHANGE™ or any of the Services, You confirm that You have made your own independent analysis of the sufficiency, legal effect, governing law, and enforceability of any such electronic signatures.;

(d) Land Intelligence has no obligation to resolve disputes among account holders or subscribers;

4. Release of Liability

You release Land Intelligence from all liability in any way relating to your acquisition (or failure to acquire) in connection with the Site or Services. Land Intelligence makes no representations concerning the Content posted by other account holders or subscribers, and Land Intelligence will not be responsible or liable for the accuracy, copyright compliance, or legality of such Content. Land Intelligence is not responsible for ensuring compliance with any local, regional, or national real estate laws and/or licensing laws or regulations applicable to any real estate (or other property) sale or lease

5. Payment of Fees

You shall pay all applicable fees for LandEXCHANGE™ and any other Services. Fees for LandEXCHANGE™ are based on the profit generated by the sale or assignment

of a project as determined by the difference between the reported project costs and project sale/assignment price, according to the following schedule:

LandEXCHANGE fee table

6. Right to Use Your Content

You agree that Land Intelligence shall have the right to use Your Content for any purpose, including, without limitation, for publication of all or part of such listing on the Internet. Land Intelligence shall have sole authority to choose the manner in which any listing will be received, displayed, and used by LandEXCHANGE™ or any of the Services, and reserves the right to remove all or any part of a posting or refuse Services to anyone at any time in its sole discretion.

7. Representations and Warranties

You represent and warrant that:

(a) You are the holder of the contract interest of each project or land contract that you post in connection with the use of LandEXCHANGE™ or the Services, or you

are legally authorized to act on behalf of the holder of the contract interest of such project or land contract for purposes of this Agreement.

(b) You have all the necessary power, right, and authority to enter into this Agreement and perform the acts required of you hereunder.

(c) Your actions in association with any postings, any material displayed therein, or any other Content or information provided by you: (i) comply with all applicable laws, statutes, ordinances, and regulations (including all applicable local, regional, or national real estate licensing laws); (ii) do not breach and have not breached any duty toward or rights of any person or entity, including without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not hate-related in content.


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