TERMS OF USE

Thank you for visiting and Welcome to 5280 Realty, Inc. (5280 Realty® dba 5280® and 5280 Homes®). 5280® provides Colorado with the most comprehensive real estate listing and realty marketing services available in the world. 5280® focuses only on marketing and servicing Colorado’s real estate needs and is the world’s largest holder of intellectual property in the form of domain names and federal trademarks. 5280® also provides free Colorado realty/real estate listings and home rentals. If you are using this site to view homes to purchase, sell, or rent a property, please review the following terms of service.

WHAT YOU SHOULD KNOW
Welcome to 5280re.com/5280realtydenver.com/re5280.com/5280realty.net/5280.biz/5280homes.com the ("Web Sites"), or one of the many Web Sites owned and operated by 5280 Realty, Inc. ( “5280 Realty®”,“5280®”, “5280 Homes®”, “We”, “Us”, “Our”). By clicking a registration or new account submission button, or by otherwise accessing and/or using 5280®’s websites, networks, mobile applications, or other services provided by 5280 Realty®/5280® (collectively, the “Services”), or accessing any content provided by 5280 Realty®/5280® through the Services, you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use").This Terms & Conditions of Use (Terms of Use) APPLIES TO ALL REAL ESTATE WEBSITES/MOBILE APPS AND SERVICES OWNED AND OPERATED BY 5280 REALTY® INC AND/OR ITS SUBSIDERIES. The goal of this Web Site is to provide you with access to the most comprehensive network of residential real estate products/services and related links to meet your needs (the “Content”). Please read our Terms of Use (the "Terms") carefully before continuing on with your use of this Web Site. These Terms shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. The Terms are meant to protect all of our Web Site visitors and your use of this Web Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE. 5280 Realty®, Inc. ( “5280®”, “5280 Homes®”, “We”, “Us”, “Our”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms. In accordance with our goals, this Web Site will permit you to link to many other web sites, that may or may not be affiliated with this Web Site and/or Us, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such web sites through links provided on this Web Site is governed by the terms of use and policies of those sites, not this Web Site.

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY. DO NOT USE THE WEBSITE OR REGISTER FOR THE SERVICES IF YOU DO NOT WISH TO COMPLY.
By either filling out our contact form or registering a user account in order to use the Services, you give us express written consent to contact you by phone, e-mail, or text messages. YOU EXPRESSLY AGREE THAT WE MAY CONTACT YOU EVEN IF YOU HAVE PREVIOUSLY REGISTERED YOUR PHONE WITH A FEDERAL OR STATE "DO NOT CALL" REGISTRY. You have the right to withdraw your consent and may opt-out of receiving phone calls by contacting us in any of the methods listed in the "Contact" section of the Website. In addition, you may opt-out of e-mails by clicking the "unsubscribe" link in any e-mail we send to you, and opt-out of text messages by replying to text messages you receive from us with a request to STOP. If you opt-out and then re-enable any of these services, you will be deemed to have again given us your express written consent to contact you via any services you re-enable.

YOUR ACKNOWLEDGMENTS IF REGISTERING ON A VIRTUAL OFFICE WEBSITE
You acknowledge (i) entering into a lawful consumer-broker relationship with the Us (ii) that you have a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through Our Site and(iii) the ownership and validity of the MLS’s copyright in the MLS database.

PRIVACY POLICY
Our Privacy Policy link: (https://www.5280re.com/privacy) is incorporated herein by reference.

USER ACCOUNT, PASSWORD AND SECURITY
In order to use the full functionality of the Services, you may be required to create a user account. If so, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your user account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s user account at any time without the express permission of the account holder.

TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS
This Web Site is controlled and operated by 5280 REALTY, INC, 992 S. 4th St, 100-258, BRIGHTON CO. 80601. All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by 5280® (Us) or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to Us. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Us or the Providers. You may request consent by e-mailing a request to 5280 Realty Legal Department at [email protected] Without the prior written consent of Us or the Providers, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of the all websites and trademarks owned by 5280 Realty, Inc. and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to Us that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. 5280 Realty, Inc. retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may NOT use on your web site any 5280® trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any Federal Trademarks, logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without prior written consent of 5280 Realty, Inc.

PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, emailing or otherwise transmitting any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Our Web pages, or the Content without Our prior written permission, provided that generally available third party Web browsers, such as Microsoft Internet Explorer®, may be used without such permission.

LINKS
This Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites are not under Our control, and We are not responsible for, and do not endorse, such content, whether or not We are affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by Us, or our affiliates or Providers. This website also incorporates Google Maps. Click Here for the Google Maps Terms of Use.

DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, NRT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER NRT, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. NRT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE. YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER US, NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING OUR PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless 5280® and its affiliates, Providers, its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.

THIRD PARTY RIGHTS
These Terms are for the benefit of 5280® and its affiliates, Providers, its officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

JURISDICTIONAL ISSUES
Unless otherwise specified, the Content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by 5280® and it’s affiliates, from its offices within Colorado. 5280® makes no representation that Content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or 5280® and its affiliates, brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located in Denver County, Colorado and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed sever able from these Terms and shall not affect the validity and enforceability of any remaining provisions.

1. Acceptance of Terms

5280 Realty®, Inc. (5280® and subsidiaries/affiliates) provides a collection of online resources, MLS Listings, free real estate listings, including classified ads of properties for sale by owner (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by 5280 Realty, Inc. from time to time. 5280 Realty, Inc. will provide notice of materially significant changes to the Term by posting notice on the 5280 Realty, Inc. site By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular 5280 Realty, Inc services, you agree to abide by any applicable posted guidelines for all 5280 Realty, Inc services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with 5280 Realty, Inc in any way, your only recourse is to immediately discontinue use of 5280 Realty, Inc.

2. Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that 5280 Realty, Inc does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the 5280 Realty, Inc site and Content available through the Service may contain links to other websites, which are completely independent of 5280 Realty, Inc. 5280 Realty, Inc makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will 5280 Realty, Inc be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that 5280 Realty, Inc does not pre-screen or approve Content, but that 5280 Realty, Inc shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

3. Privacy and Information Disclosure

5280 Realty, Inc has established a Privacy Policy to explain to users how their information is collected and used, located at www.5280re.com/privacy. Your use of the 5280 Realty, Inc website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that 5280 Realty, Inc may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of 5280 Realty, Inc, its users or the general public.

4. No Spam Policy You understand and agree that sending unsolicited email advertisements to 5280 Realty, Inc email addresses or through 5280 Realty, Inc computer systems, which is expressly prohibited by these Terms, will use or cause to be used on our servers. Any unauthorized use of 5280 Realty, Inc computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ¡ì 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

5. Notification of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify 5280 Realty, Inc's agent for notice of claims of copyright or other intellectual property infringement ("Agent")Copyright Agent Please provide our Agent with the following Notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed; 2. Identify the material on the 5280 Realty, Inc site that you claim is infringing, with enough detail so that we may locate it on the website; 3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; 5. Your address, telephone number, and email address; and 6. Your physical or electronic signature.

5280 Realty, Inc will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).

6. Conduct

You agree not to post, email, or otherwise make available Content:

* that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way; * that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; * that impersonates any person or entity, including, but not limited to, a 5280 Realty, Inc employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; * that includes personal or identifying information about another person without that person's explicit consent. * that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch"; * that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships. * that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement. * that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the 5280 Realty, Inc sites which are not designated for such purposes; or (2) emailed to 5280 Realty, Inc users who have requested not to be contacted about other services, products or commercial interests. * that includes links to commercial services or web sites, except as allowed in "services". * that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by California law - a partial list of these is provided for your convenience * that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; * that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or * that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: * contact anyone who has asked not to be contacted; * "stalk" or otherwise harrass anyone; * collect personal data about other users for commercial or unlawful purposes; * use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file; * post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure; * post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or * attempt to gain unauthorized access to 5280 Realty, Inc's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the 5280 Realty, Inc website. 7. Limitations on service

You acknowledge that 5280 Realty, Inc may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that 5280 Realty, Inc has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that 5280 Realty, Inc reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that 5280 Realty, Inc shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. Termination of service

You agree that 5280 Realty, Inc, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if 5280 Realty, Inc believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that 5280 Realty, Inc shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

9. Dealings with organizations and individuals

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that 5280 Realty, Inc shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that 5280 Realty, Inc is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release 5280 Realty, Inc, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "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."

10. Proprietary rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although 5280 Realty, Inc does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to 5280 Realty, Inc an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

11. Disclaimer of Warranties

YOU AGREE THAT USE OF THE 5280 Realty, INC SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE 5280 Realty, INC SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, 5280 Realty, INC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE 5280 Realty, INC SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, 5280 Realty, INC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE 5280 Realty, INC SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE 5280 Realty, INC SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, 5280 Realty, INC DISCLAIMS AN WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE 5280 Realty, INC SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

12. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL 5280 Realty, INC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF 5280 Realty, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE 5280 Realty, INC SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE 5280 Realty, INC SITE OR THE SERVICE, FROM INABILITY TO USE THE 5280 Realty, INC SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE 5280 Realty, INC SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE 5280 Realty, INC SITE OR THE SERVICE OR ANY LINKS ON THE 5280 Realty, INC SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE 5280 Realty, INC SITE OR THE SERVICE OR ANY LINKS ON THE 5280 Realty, INC SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

13. Indemnity

You agree to indemnify and hold 5280 Realty, Inc.( 5280®), and of its holdings, its officers, subsidiaries, sister companies, affiliates, successors, assignees, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

14. General information

The Terms constitute the entire agreement between you and 5280 Realty, Inc. ( “5280®”, “5280 Realty®", “5280 Homes®”, “We”, “Us”, “Our”) and govern your use of the Service, superceding any prior agreements between you and 5280 Realty, Inc. The Terms and the relationship between you and 5280 Realty, Inc shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and 5280 Realty, Inc agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Denver, Colorado. The failure of 5280 Realty, Inc to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Violations of Terms and Liquidated Damages

Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to [email protected] 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. You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay 5280 Realty, Inc liquidated damages as follows: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree that 5280 Realty, Inc in its sole discretion may disclose identifying information about you to the victim, and that should 5280 Realty, Inc bring a claim against you in court, that you will pay 5280 Realty, Inc one thousand dollars ($1,000) for each such message. b. If 5280 Realty, Inc establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay 5280 Realty, Inc one thousand dollars ($1000) for each message posted in excess of such limits or for each day on which you access 5280 Realty, Inc in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to 5280 Realty, Inc email addresses or through 5280 Realty, Inc computer systems, you agree to pay 5280 Realty, Inc five hundred dollars ($500) for each such email mailed. If you post messages in violation of these Terms of Use, other than as described above, you agree to pay 5280 Realty, Inc one thousand dollars ($1000) for each such message. In its sole discretion, 5280 Realty, Inc may elect to issue a warning before assessing damages. Otherwise, you agree to pay 5280 Realty, Inc's actual damages, to the extent such actual damages can be reasonably calculated. 16. Mobile Applications. To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. 5280 Realty, Inc. ( “5280®”, “5280 Realty®", “5280 Homes®”, “We”, “Us”, “Our”) does 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. 5280 Realty, Inc. ( “5280®”, “5280 Realty®", “5280 Homes®”, “We”, “Us”, “Our”) 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.

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