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POINT2 ACCOUNT SERVICES TERMS OF SERVICE

Welcome to Point2!

Thanks for setting up a Point2 Account and using our products and services
(“Services”). The Services are provided by Yardi Canada Ltd., and its
affiliates, doing business as Point2 Technologies (“Point2”).

If a Point2 service requires you to have a Point2 Account (“Account”), or
otherwise links to these terms, then these terms apply. Point2 is growing and
offers a wide variety of products and services. Some Point2 services may be
subject to separate terms. The Point2 Services requiring you to have a Point2
Account are generally marketing and other services for real estate agents. You
can review some of those services
at http://www.point2homes.com/agent-websites/products/point2agent/. The Point2
Services subject to these terms are diverse, so sometimes additional terms or
requirements may apply. Additional terms will be available with the relevant
Services, and those additional terms become part of your agreement with us if
you use those Services.

BY SETTING UP A POINT2 ACCOUNT, OR OTHERWISE USING THE SERVICES, YOU ARE
AGREEING TO THESE TERMS OF SERVICE. PLEASE READ THEM CAREFULLY.

Your Point2 Account

You may need a Point2 Account in order to use some of our Services. In order to
set up an Account, you must be at least 18 years of age or an emancipated minor.
If you are using our Services on behalf of a business, you represent and warrant
that you are authorized to bind the business and that the business accepts these
terms.

When you register for an Account, you agree to: (a) provide true, accurate,
current, and complete information as prompted by the registration form; and (b)
maintain and update such information to keep it true, accurate, current, and
complete at all times. Point2 reserves the right to terminate your Account
without warning if you are found to have misrepresented your age or any of the
registration information submitted. You are responsible for maintaining the
confidentiality of your password and Account details. You are responsible for
the activity that happens on or through your Point2 Account. If you learn of any
unauthorized use of your password or Point2 Account, or any other breach of
security, please notify Point2 and change your password immediately. We will
regard all use of your Account on our Services as being by you, except where we
have received and acknowledged your notification to us regarding your
Account/password being compromised.

You may be able to deactivate certain Services from your Account – please refer
to the relevant Service for further guidance. You may, from time to time, make
payments on our Services (whether to us or any third parties) as part of your
use of our Services (including for the provision of our Services or provision of
certain additional features within our Services). Our Services-specific terms
may set out further terms applying to such payments (including in relation to
refunds (if any), billing arrangements and any consequences of failing to make
timely payments). You must comply with all such terms in relation to such
payments by you.

Using Point2 Services

You must comply with these terms and follow any policies or additional terms
made available to you within the Services.

Don’t misuse our technology. For example, don’t interfere with our Services or
try to access them using a method other than the interface and the instructions
that we provide. You may not use the Services for any use prohibited by
applicable federal, state, provincial, or local laws, ordinances, or regulations
including, but not limited to, any applicable requirements imposed by any
applicable governing real estate council or board.

Using Point2 Services does not give you ownership of any intellectual property
rights in our Services or the content you access. These terms do not grant you
the right to use any branding or logos used in our Services. Don’t remove,
obscure, or alter any legal notices displayed in or along with our Services.

Point2 gives you a personal, worldwide, non-assignable and non-exclusive license
to use the software provided or made accessible to you by Point2 as part of the
Services. This license is for the sole purpose of enabling you to use and enjoy
the benefit of the Services as provided by Point2, in the manner permitted by
these terms. You may not copy, modify, distribute, sell, or lease any part of
our Services or included software, nor may you reverse engineer or attempt to
extract the source code of that software, unless laws prohibit those
restrictions or you have our written permission.

Our Services display some content that is not Point2’s. This content is the sole
responsibility of the entity that makes it available. We may review content to
determine whether it is illegal or violates our policies, and we may remove or
refuse to display content that we reasonably believe violates our policies or
the law. But that does not necessarily mean that we review content, so please
don’t assume that we do.

Starting April 1st, 2016 our consumer search portal – Point2 Homes – will no
longer display listings that are older than 24 months. We strive to provide
consumers with up-to-date information. Stale listings project badly on all
parties involved.

We try to provide good customer service to all of our customers, but we also ask
that customers interact with our customer service team in a professional and
polite manner. We do not ask our customer service team to suffer verbal abuse
(for example, yelling or insulting or derogatory or overly personal language).
If we feel that a customer is treating our customer service team poorly, we will
close the customer’s account and give the customer a pro-rated refund.

Submitted Materials

Some of our Services allow you to upload, submit, store, send or receive
content. You retain ownership of any intellectual property rights that you hold
in that content.

You represent and warrant that you own or otherwise possess all necessary rights
with respect to any materials you submit, including without limitation
photographs, images, text, graphics and other materials (collectively,
“Submitted Materials”), and that your Submitted Materials do not and will not
infringe, misappropriate, use or disclose without authorization or otherwise
violate any copyright, trade secret right or other intellectual property or
property right of any third party, and that the Submitted Materials are not
unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or
otherwise objectionable. Point2 reserves the right, but is not obligated, to
remove any of your Submitted Materials that Point2 believes violates these
terms.

You hereby grant Point2 a worldwide, non-exclusive, transferable, royalty-free,
perpetual irrevocable right and license, with right of sublicense, to use,
reproduce, distribute, create derivative works of and publicly display your
Submitted Materials and any and all non-personal data provided in conjunction
with the rendering of Services by Point2. The rights you grant in this license
are for the limited purpose of operating, promoting, and improving our Services,
and to develop new ones.

Copyright Policy

Reporting Copyright Infringement Claims

Yardi respects the intellectual property of others, and we ask our users,
property managers, owners, and commercial brokers to do the same. Yardi has
implemented procedures for receiving written notification of claimed
infringements and for processing such claims in accordance with the Digital
Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”).

If a third party believes that its work has been copied in a way that
constitutes copyright infringement, or its intellectual property rights have
been otherwise violated, it should provide the designated agent with the
following information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest; (ii) a description of the copyrighted work or other
intellectual property that it claims has been infringed; (iii) a description of
where the material that it claims is infringing is located on the Yardi Site;
(iv) its address, telephone number, and email address; (v) a statement that it
has a good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and (vi) a statement made under penalty of
perjury, that the above information in your notice is accurate and that it is
the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner’s behalf.

DMCA Notices should be sent to our designated copyright agent via Web Form or
via mail:

Attn: DMCA Agent – Legal Department
Yardi Systems, Inc.
430 S. Fairview Avenue
Santa Barbara CA 93117

Repeat Infringers

It is Yardi’s policy, in appropriate circumstances, to terminate the accounts of
parties who are repeat infringers or are repeatedly charged with infringement.

Listing Advertising

Where you participate in or utilize Agent Handshake™, you hereby grant Point2
the right to use, publish, promote or otherwise advertise your shared listings
to other applicable Services users. Further, you represent and warrant that they
are authorized to further sublicense such rights, or to make the same grant of
rights, to other Services users. You acknowledge and agree that Agent Handshake™
advertising relationships are created and participation occurs automatically.
You understand and agree that you have the ability and obligation to manage,
end, engage and/or alter Agent Handshake™ agreements as you desire or as
required by law.

Privacy

Point2 will take reasonable measures to ensure that Point2’s privacy policy is
adhered to. Point2 only uses information in ways necessary to provide the
Services to you. The Point2 privacy policy may be found
at http://www.point2homes.com/agent-websites/company/legal.html. Your election
to use Point2 Services indicates your acceptance of the Point2 privacy policy
which is hereby incorporated into these terms by reference.

User Experience

In order to improve our users’ experience and help them use our products and
Services more efficiently, we use third party services to get relevant feedback.
These third party services may record mouse clicks, mouse movements, scrolling
activities and text that users type in on our websites. These services are not
used to collect any personally identifiable information entered on our websites,
and are not used to track the browsing habits of our users across websites that
do not use the respective services. To opt-out of these services, you can
visit http://www.clicktale.net/disable.html or http://www.crazyegg.com/opt-out.

Advertising Content

Point2 reserves the right, at its discretion, to request the removal,
modification, changes or elimination of any and all content advertising third
party services on Services. In the event that such request is made to and not
satisfied by you, Point2 shall have the right to terminate your Account and/or
your use of the Services.

Paid Service Plans

Point2 offers a number of different paid Service plans (each, a “Service Plan”).
Any materially different Service Plan terms from those described in these terms
will be disclosed at your sign-up or in the other communications made available
to you. Information about a Service Plan solution that works for you may be
found on the corresponding pages of Point2.com, including, but not limited
to http://www.point2homes.com/agent-websites/products/point2agent/#tableRow.

Point2 may offer you a free trial plan to use certain paid Services for free for
a limited period of time. For combinations with other offers, restrictions on
free trial plans may apply. Point2 reserves the right, in its sole discretion,
to determine your eligibility for a free trial plan. During a free trial plan
period, you are under no obligation to pay for an annual, or longer, Service
Plan as a result of your signing up for the free trial plan. Fees will only be
applied when and if you sign up for an annual Service Plan. During your free
trial period, you may decide to opt-in or upgrade to the paid Service Plan.
Failure to opt-in to a paid Service Plan during the free trial period will
result in suspension or termination of your right to access and use the paid
Service.

You can find specific details regarding your paid Service Plan(s), including the
payment date, total amount, and transaction code of the Service Plan, by
reviewing your payment history in your Point2 Online Office. Point2 Service
Plans are available for purchase on an annual basis only and all Service Plans
have an annual fee. Although there are no monthly Service Plans, the annual
Service Plan fee may be billed to a credit card on a monthly or annual billing
schedule. Unless your Service Plan is earlier terminated in accordance with this
Agreement, upon expiration of the first annual period, your Service Plan will
automatically renew for successive 1 year annual periods, unless you provide
Point2 notice of non-renewal at least 30 days prior to the expiration of the
then-current annual period. You may terminate your Service Plan for convenience
at any time effective immediately upon notice to Point2, however, you will not
be entitled to a refund of any fees and agree to pay any undisputed fees owed to
Point2 as of the effective date of such termination. Point2 reserves the right
to modify, terminate or otherwise amend our offered Service Plans.

Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care
and we hope that you will enjoy using them. But, your use of the Services is at
your sole discretion and risk.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER
POINT2 NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE
SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN
THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY,
AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR COURSE
OF PERFORMANCE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE
ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, POINT2, AND POINT2’S SUPPLIERS AND DISTRIBUTORS, WILL NOT
BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR
INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF POINT2, AND ITS SUPPLIERS
AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED
WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE
CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, POINT2, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR
ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove
functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time. Point2 may also stop providing
Services to you, or add or create new limits to our Services at any time.

About these Terms

Point2 may, from time to time, change these terms or any additional terms,
including the Point2 privacy policy, that apply to a Service. Please check these
terms periodically for those changes. Your continued use of the Services after
the posting of changes constitutes your binding acceptance of such changes. For
any material changes to these terms, such amended terms will automatically be
effective, unless otherwise stated, 30 days after they are initially posted on
the Point2 Service. However, changes addressing new functions for a Service or
changes made for legal reasons will be effective immediately. We will always
make a reasonable effort to notify you if we do change these terms. You may
terminate your use of the Services at any time, including following any
modification to these terms.

If there is a conflict between these terms and the additional terms, the
additional terms will control for that conflict.

Your right to use our Services is terminated if you violate these terms. In such
event, Point2 may terminate or suspend your applicable Service Plan, your
Account, and/or your right to use some or all of our Services. If you do not
comply with these terms, and Point2 fails to take action right away, this
doesn’t mean that we are giving up any rights that we may have (such as taking
action in the future). Point2’s waiver of any breach or default of these terms
does not constitute a waiver of any subsequent breach or default or a waiver of
the breached term itself. You will hold harmless and indemnify Point2 and its
affiliates, officers, agents, and employees from any claim, suit or action
arising from or related to the use of the Services, your Submitted Materials or
violation of these terms, including any liability or expense arising from
claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

The laws of California, U.S.A., excluding California’s conflict of laws rules,
will apply to any disputes arising out of or relating to these terms or the
Services. All claims arising out of or relating to these terms or the Services
will be litigated exclusively in the federal or state courts in or closest to
Santa Barbara County, California, USA, and you and Point2 consent to personal
jurisdiction in those courts. If any part of these terms is found to be void,
unenforceable or invalid, it shall not affect the other parts of these terms.

Last Updated: January 5, 2022



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