Introduction, Application, and Definitions

Your use of the website located at www.realberry.com (the “Site”) is governed by these Terms of Use (the “Terms”) and any “User Agreement” you may complete to access private portions of the Site. Realberry’s Privacy Policy is incorporated by reference herein and is available at https://www.realberry.com/privacy-policy (as updated from time to time). If there is any inconsistency between these Terms and a completed User Agreement, the terms of your completed User Agreement shall control. Similarly, if there is any inconsistency between these Terms and our Privacy Policy solely with respect to privacy or personal data, the Privacy Policy controls.

You must read these Terms very carefully. By accessing the Site or downloading any materials from the Site, you agree to these Terms, our Privacy Policy, and, if you have completed it, our User Agreement. You further agree to these Terms, our Privacy Policy, and any completed User Agreement (as they may be updated from time to time) each time you access our Site.

These Terms apply to all visitors and others who access or use the Site, whether or not you have created an account or signed any separate agreement. These Terms are in addition to any other agreement between you and Realberry including those relating to any of the information or materials available via the Site. If you later accept or enter into a separate user agreement or other agreement with Realberry (or an affiliate) that governs your access to any online platform, portal, software, or services made available through or in connection with the Site, including any Platform, that separate agreement will govern that platform or service and may impose additional terms; however, these Terms will continue to apply to your use of the Site.

When we say “we” or “us” or “Realberry” in these Terms, we mean Realberry Real Estate Services, LLC, our affiliates and those agents we use to provide services on our behalf. When we say “Site”, we mean www.Realberry.com and all other websites developed, owned, or maintained by Realberry and its affiliates. When we refer to “Platform,” we mean any online platform, portal, or software services that Realberry develops or may make available through or in connection with the Site, which may be subject to separate terms and conditions.

THESE TERMS OF USE CONTAIN A PRE-DISPUTE ARBITRATION PROVISION AND CLASS ACTION WAIVER, AND YOU AND REALBERRY ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND AGREEING TO RESOLVE DISPUTES ONLY THROUGH INDIVIDUAL ARBITRATION.

Authorized Use Use of the Site is for informational purposes and, where applicable, to access features made available through the Site. Realberry is not responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics or any other materials (collectively, the “Content”) transmitted or made available via the Site. Realberry is not responsible or liable for any decisions made in reliance on such information. Any use or attempted use of the Site: (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the Site; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Realberry to be made accessible to a user; (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by Realberry; (vii) for any use other than the purpose for which it was intended; (viii) to upload, transmit, or distribute any viruses, worms, malware, or other malicious code; (ix) to reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying ideas or algorithms of any portion of the Site or any Platform (except to the extent expressly permitted by applicable law); (x) to scrape, harvest, or extract data from the Site or any Platform by any automated or manual means (including bots, crawlers, spiders, or scraping tools) except as expressly authorized by Realberry in writing; (xi) to use the Site or any Platform to compete, directly or indirectly, with Realberry; or (xii) to disrupt, interfere with, or attempt to circumvent the security or performance of the Site or any Platform, is prohibited.

In addition, you represent and warrant that your access to and use of the Site complies with all applicable laws, rules, and regulations, including without limitation applicable anti-money laundering laws and economic sanctions and export control laws. You represent and warrant that you are not listed on, or owned or controlled by any person listed on, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals and Blocked Persons List or any other government sanctions list, and that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. economic sanctions. You agree not to access or use the Site in violation of applicable export controls or trade sanctions. Realberry reserves the right to restrict, suspend, or terminate access to the Site (and to any Platform made available through or in connection with the Site) if Realberry determines, in its sole discretion, that continued access may violate applicable law or otherwise presents an unacceptable risk to Realberry or the Site.

Nothing in these Terms, and no use of the Site, shall be construed to create between you and Realberry any agency, partnership, joint venture, fiduciary, employment, or other similar relationship. You acknowledge and agree that Realberry does not owe you (or any third party) any fiduciary duties by virtue of your access to or use of the Site. The Site is intended for use by individuals who are at least eighteen (18) years old (or the age of majority in their jurisdiction). By using the Site, you represent and warrant that you meet this requirement.

Site Content All content accessible within the Site (including without limitation, the “look and feel” of the Site, all text, formatting, graphics, designs, animation, images, audio, and other content, as well as all trademarks and service marks), and any software, technology, algorithms, interfaces, and documentation used to provide the Site, are proprietary to us or to other parties who have consented to our use of it in accordance with applicable law, including applicable international treaties. You may not: (i) copy, reproduce, transmit, alter, publish, distribute, or create derivative works from the Site content; (ii) frame or deep-link to the Site; or (iii) use meta tags or any other hidden text utilizing our or our content providers’ trademarks or service marks on or in connection with another domain name or Site. The only exception to this is that you may print out a copy of pages solely for your personal use. In so doing, you agree that you will not remove or alter any copyright, trademark or any other proprietary notice or legend appearing in any of the Site content. All names, logos, and trademarks are the property of Realberry, its affiliates, related companies or its licensors or joint venture partners. Realberry’s trademarks and brand names may be used only as stated in these Terms or with prior written permission from Realberry. Except for the limited rights expressly permitted in these Terms, Realberry and its licensors reserve all rights in and to the Site and the Content, and no rights are granted to you by implication, estoppel, or otherwise. Realberry may seek injunctive or other equitable relief to protect its rights in the Site, the Content, and any confidential or proprietary information, in addition to any other remedies available at law or in equity. We assume no obligation to update or correct any information on the Site, whether as a result of new information, future events, or otherwise.

Submissions No questions, comments, suggestions, information, ideas, concepts, photographs, graphics or other materials, whether oral, written or electronic (collectively, “submissions”), will be considered or treated as confidential information. Accordingly, do not submit or send any submission to us that you consider contains confidential or proprietary information. Any submission, or any other content of any sort transmitted by you, other than personal data which is covered by our Privacy Policy, will be considered non-confidential and non-proprietary and Realberry will not be subject to any restrictions or obligations with regard to it.

By providing submissions to Realberry, you grant Realberry a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, create derivative works of, distribute, display, perform, and otherwise exploit such submissions for any purpose without obligation to you. You represent and warrant that you have all rights and permissions necessary to provide your submissions and to grant the foregoing license, and that Realberry’s use of your submissions as contemplated herein will not infringe, misappropriate, or violate any third-party rights or applicable laws. If you provide any information through the Site (including through forms, inquiries, applications, or other features), you represent and warrant that such information is true, accurate, current, and complete in all respects, and you agree to promptly update it as necessary to keep it accurate and complete. You acknowledge that certain features of the Site, and services provided by third parties that may be accessible through the Site, may rely on the accuracy and completeness of the information you provide, and Realberry is not responsible for any errors, delays, or limitations in services that result from inaccurate, incomplete, or outdated information supplied by you. You are solely responsible for obtaining all necessary consents and authorizations from any third party (including without limitation any client) before submitting any personally identifiable information or other sensitive data through the Site, and for ensuring your collection and submission of such information complies with applicable privacy and data protection laws.

Realberry may also collect and use information about how the Site is accessed and used, and may create and use anonymized, aggregated, or de-identified data derived from such usage or from information submitted through the Site, for Realberry’s business purposes (including without limitation to improve, test, operate, secure, and promote the Site and related products and services), in each case as described in and subject to the Privacy Policy and applicable law.

Privacy Unless otherwise addressed in these Terms, your use of the Site is subject to Realberry’s Privacy Policy. It is important that you read and understand the terms of the Privacy Policy. Realberry may share some or all of the information you provide through the Site with third-party service providers (including custodians, North Capital Private Securities Corporation (CRD#154559) (“NCPS”), and other service providers) as necessary to facilitate services that may be made available through the Site, including for purposes such as identity verification, anti-money laundering compliance, sanctions screening, account setup, and transaction processing, in accordance with their own agreements and applicable law. While Realberry implements commercially reasonable measures designed to protect the Site and information processed through it, Realberry cannot guarantee that unauthorized access, hacking, data loss, or other security breaches will never occur. You acknowledge that electronic communications and data transmission involve risks (including outages, delays, interruptions, and unauthorized interception or access), and Realberry is not liable for interception or unauthorized access to communications by third parties, except to the extent caused by Realberry’s fraud, gross negligence, or willful misconduct, and to the extent such limitation is not prohibited by applicable law.

If you provide an email address or other contact information to Realberry, you consent to receive notices, communications, disclosures, and other information from Realberry electronically (including via email, secure website postings, or other electronic means). You agree to maintain and monitor a working email address and to promptly update your contact information if it changes. You acknowledge and agree that electronic delivery constitutes delivery even if you do not actually access the information.

Realberry may cooperate with and disclose information to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from illegal action or infringement, whether related or unrelated to your use or misuse of the Site. To the fullest extent permitted by law, we may retain records and information relating to use of the Site and any submissions as long as reasonably necessary for business purposes and to comply with applicable law, regulation, or lawful governmental requests.

Violations Realberry reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access and/or account. Realberry may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by Realberry’s Privacy Policy, Realberry reserves the right at all times to disclose any information as Realberry deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Realberry’s sole discretion. For the avoidance of doubt, in no event is Realberry obligated to take any action that it believes, in its sole discretion, would violate applicable law or the regulations of any governmental, regulatory, or self-regulatory body, or would otherwise present an unacceptable risk to Realberry, the Site, or any Platform. Without limiting the foregoing, if Realberry determines that continued access to the Site or any Platform may violate applicable law (including AML, sanctions, or export control laws), or if identity verification is required for certain features and cannot be completed to Realberry’s satisfaction, Realberry may, without prior notice, suspend or terminate access, and Realberry will not be liable for any losses or damages (including lost opportunities) arising from such suspension or termination, except to the extent prohibited by applicable law.

Third-Party Web Sites In some instances, the Site may reference or link to third-party web sites or services, or provide technical connections or interfaces that allow you to access or be referred to third parties (including NCPS). Should you choose to visit those web sites or use those services, please remember that Realberry is not responsible for their content, their terms, or their privacy policies, and Realberry does not endorse or assume responsibility for the conduct, performance, availability, security, advice, or results of any such third parties. We encourage you to read and review the Terms and other legal terms and policies of all web sites and services you visit or use. You understand that Realberry will not be liable to you in respect of any loss or damage which you may suffer by using those web sites or services. You agree that you will not involve Realberry in any dispute between you and a third party, and you agree that you are solely responsible for reviewing and executing any agreements required by any third-party provider, and for complying with any applicable third-party terms, conditions, and policies. Certain features of the Site may incorporate or interoperate with third party software or services subject to separate terms, and you agree to comply with those terms when using such features.

Indemnity You agree to indemnify and hold Realberry, and its owners, partners, and affiliates, and their respective officers, directors, employees, representatives, contractors and agents (collectively, the “Indemnified Parties”) harmless from any actions, liability, loss, claim, damage or expense, including attorneys’ fees and expenses, related to your: (i) use of the Site (including any submissions you provide and any activities you undertake in reliance on the Content); (ii) violation of these Terms or a User Agreement; (iii) violation of applicable law or regulation; or (iv) reliance on any of the materials or information or other content available via the Site, except to the extent that such actions, liability, loss, claim, damage or expense is caused by the fraud, gross negligence, or willful misconduct of an Indemnified Party and to the extent such limitation is not prohibited by applicable law.

Disclaimer Realberry makes no representation or warranties, express or implied, with respect to the accuracy or completeness of the content, information, graphics, text, links, or other material contained on this Site and is not responsible for any errors or omissions in the content of this Site. To the extent permitted by applicable law, everything on the Site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, habitability, or non-infringement. You acknowledge that any reliance upon the Site or the information, material, systems, services or products contained or discussed therein shall be at your sole risk.

Limitation of Liability To the extent permitted by applicable law, in no event will any Indemnified Party be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data, whether brought in contract or tort, arising out of or connected with the Site or the use or reliance upon, any of the content or any information accessed from the Site, including without limitation damages arising from delays, outages, interruptions, system failures, cybersecurity incidents, unauthorized access or hacking, or other technological issues involving third-party vendors, hosting providers, or other infrastructure providers. No Indemnified Party will be responsible for harm arising from the acts, omissions, or negligence of any third-party service provider or vendor, or from ordinary errors or delays in the operation of the Site. Nothing in these Terms is intended to exclude or limit liability to the extent caused by an Indemnified Party’s fraud, gross negligence, or willful misconduct, or to the extent such exclusion or limitation is prohibited by applicable law.

In no event will the collective liability of Realberry and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed one thousand dollars ($1,000). Additional disclaimers may appear from time to time within the body of the Site and are incorporated herein by reference.

Realberry shall not be liable or responsible for any failure or delay in performance, or for any inability to provide access to the Site, to the extent such failure or delay is caused by or results from acts beyond Realberry’s reasonable control, including without limitation acts of God, flood, fire, earthquake, pandemic, epidemic, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, lockouts, labor disputes or strikes, cyberattacks, telecommunications outages, power outages, or other events beyond Realberry’s reasonable control.

No Investment Advice or Brokerage Services None of the information provided through the Site constitutes investment advice, and the views expressed should not be taken as advice to buy or sell any security. Decisions based on information contained or provided through the Site are your sole responsibility and at your own risk. Nothing on or in the Site shall be considered a solicitation or offer to buy or sell any security, future, option or other financial instrument or to offer or provide any investment, tax, financial or legal advice or service to any person in any jurisdiction. Any overviews provided through the Site are intended to be general in nature. While intended to be helpful, these overviews are no substitute for professional tax, financial or legal advice. Investors should seek such professional, financial or legal advice for their particular situation.

For the avoidance of doubt, Realberry is not an “investment adviser” as defined under the U.S. Investment Advisers Act of 1940, as amended, and does not provide individualized advice about securities for compensation. Any educational materials, tools, and communications made available through the Site (including any Content that relates to investments) are of a general and impersonal nature, are designed for broad distribution, and do not purport to meet the objectives or needs of any specific individual. Realberry also is not a broker-dealer, and does not solicit, effect, or induce securities transactions, carry customer accounts, receive or handle customer funds or securities, accept or route orders, or receive transaction-based compensation. Any broker-dealer services, if any, are performed solely by NCPS under a separate agreement. You acknowledge and agree that Realberry does not accept, hold, or have custody or control over cash, securities, or other assets through the Site; any payment, contribution, or transfer you may initiate in connection with any third-party services is made directly between you and the applicable third-party custodian, financial institution, broker-dealer, or service provider, and Realberry is not responsible for the initiation, processing, timing, completion, settlement, or accuracy of any such transaction. Any investment recommendations, suitability determinations, or other securities-related advice, if ever provided, will be provided solely by NCPS or another appropriately licensed third party, and the Site’s Content and tools do not constitute advice or a recommendation to buy, sell, or hold any security. Nothing in these Terms shall serve as a waiver or limitation of any rights you may have under any federal or state securities laws to the extent such rights cannot be waived under applicable law.

No Offer of Real Estate or Securities The content posted on the Site is provided solely for informational purposes. This Site is not intended to be, and does not constitute, an offer for the sale, purchase or lease of a security or real property. Except for your agreement to abide by these Terms, nothing in this Site or your use of the content contained herein shall be interpreted as giving rise to or forming the basis of a contract, commitment or obligation.

Real Property Disclaimers and Disclosures All information posted on this Site is subject to change without notice. The information and materials contained in this Site regarding individual developments, including photographs, renderings, plans, prices, facilities, land uses, improvements, amenities, dimensions, specifications, views, scenes, materials and availability, are proposed, are conceptual only and are subject to change, modification or cancellation without notice or obligation. Scenes, pictures, drawings, illustrations and/or views shown may be artist renderings and may be locations or activities not on, or related to, the property or development. Actual views may vary, and views described or depicted cannot be relied upon as the actual view from any proposed unit, home, lot, amenity or other improvement or area. Maps are not to scale and are for relative location purposes only. There is no guarantee that the facilities, services, features, amenities, improvements, views, scenes or specifications described, shown or depicted within the Site will be constructed or otherwise provided, and if constructed or provided, that they will be of the same type, style, size or nature as described or depicted. Ownership of a residence in a development community does not guarantee access to, or the right to use, amenities, such as clubs or marinas, which may require the purchase of separate memberships and may be subject to other conditions on use. Certain amenities may not be complete and completion is neither warranted nor guaranteed.

Governing Law and Dispute Resolution PLEASE READ THESE PROVISIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. THEY REQUIRE (1) INDIVIDUAL, PRE-DISPUTE, BINDING ARBITRATION, (2) A CLASS ACTION WAIVER, AND (3) A WAIVER OF THE RIGHT TO A JURY TRIAL.

If you use the Site and a dispute results relating to your use, the dispute will be governed by the laws of the State of Colorado, without regard to its conflict of law provisions (except to the extent that applicable federal law preempts Colorado law). Before initiating arbitration or any other action, you and Realberry agree to first attempt in good faith to resolve the dispute through informal negotiations for a period of thirty (30) days from the date of written notice of the dispute.

To the extent not inconsistent with applicable law, these Terms contain a pre-dispute arbitration provision. By accessing or using the Site, you understand and agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Content, any services made available through or in connection with the Site, or the breach, termination, enforcement, interpretation, or validity thereof (including the determination of the scope or applicability of this arbitration provision) shall be resolved exclusively by binding arbitration in Denver County, Colorado, before a single arbitrator, unless the parties agree in writing to a panel of three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Arbitration shall be initiated by a written demand specifying the nature of the dispute and the relief requested. You understand that arbitration awards are generally final and binding, and that a party’s ability to have a court reverse or modify an arbitration award is very limited. You further understand that the ability to obtain documents, witness statements, and other discovery in arbitration is generally more limited than in court proceedings. To the maximum extent permitted by law, you and Realberry agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding, whether in arbitration or in court. Unless both you and Realberry agree otherwise in writing, the arbitrator may not consolidate more than one party’s claims and may not preside over any form of a representative or class proceeding.

Notwithstanding anything to the country herein, Realberry may seek provisional remedies or injunctive relief in aid of arbitration (including to protect intellectual property rights or confidential information) from a court of appropriate jurisdiction. To the extent any dispute is properly brought in court (including any action for injunctive or provisional relief), you agree to file such action only in state court in Denver County, Colorado, or federal court within the U.S. District Court for the District of Colorado, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

BY ACCESSING OR USING THE SITE, YOU AND REALBERRY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE, OR ANY INTERACTIONS BETWEEN YOU AND REALBERRY AND ITS PREDECESSORS, SUCCESSORS, ASSIGNS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES, WHETHER ARISING BEFORE, ON, OR AFTER THE DATE YOU FIRST ACCESS OR USE THE SITE, SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION. THE AWARD OF THE ARBITRATOR, OR THE MAJORITY OF ARBITRATORS IF MORE THAN ONE IS APPOINTED, SHALL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION, STATE OR FEDERAL. IF YOU DO NOT AGREE TO THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER, DO NOT ACCESS OR USE THE SITE.

Miscellaneous Realberry reserves, in its sole discretion, the right to revise these Terms at any time by updating this posting and to monitor and remove postings and/or discontinue Site availability, at any time without notice. If you continue to use the Site following any revision, you agree to the revised Terms. If any term, condition, or provision of these Terms is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby. These Terms, together with any policies incorporated by reference (including the Privacy Policy), constitute the entire agreement between you and us regarding your access to and use of the Site and Content. Separate agreements may govern your access to or use of any Platform, portal, or other services.

You may not assign or transfer these Terms, in whole or in part, without Realberry’s prior written consent, and any attempted assignment in violation of this provision will be null and void. Realberry may assign, delegate, or transfer these Terms, in whole or in part, at any time, without your consent, including in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.

No waiver of any provision of these Terms will be effective unless in writing and signed by us. Our failure to enforce any provision will not constitute a waiver of that provision or any other provision.

The provisions of these Terms that by their nature should survive termination or expiration shall survive.

If you have any questions, complaints or comments regarding this Site, you may contact us at terms@realberry.com.

Realberry

DENVER

888-392-9450

1800 Wazee Street

Suite 200

Denver, CO 80202