Terms & Conditions

Welcome to iPayOne. iPayOne is a real estate information service. We help to connect people in the residential real estate market, whether they are buyers, sellers, renters, lessors, mortgage-seekers, lenders, or just people researching what’s out there with local real estate professionals. iPayOne and its subsidiaries and affiliates (collectively, “iPayOne”) provide you with access to a variety of services, including the www.iPayOne.com website and iPayOne’s mobile applications (collectively, the "Services"). Access to and use of iPayOne’s Services is governed by these Terms of Use.

You are allowed to use our Services only if you can form a binding contract with us, and only in compliance with our Terms of Use and all applicable laws.

The following terms and conditions apply to everyone who uses iPayOne’s Services (including real estate professionals), and they govern the relationship between iPayOne and our users during their use of iPayOne’s Services.

Please read these Terms carefully before using our Services. By accessing and using our Services, you explicitly agree to comply with and be bound by our Terms of Use.

The Services We Provide

Our Services: Our Services include the real estate search services on iPayOne.com and other content, products, and services available on the iPayOne.com website and IPayOne mobile applications. The Services may sometimes be located on third-party websites or applications, either as links from an add-on service to, or otherwise in connection with, Web sites or applications that those third parties control. Our Services also include paid products and services. By purchasing or using our paid products and services, you agree to our Subscription Terms and Conditions.

We Are Not Financial Advisors Or Licensed Real Estate Professionals: iPayOne is a marketing and technology firm that serves the needs of the real estate industry. We do not provide real estate or mortgage-related advice or assistance. The content that we provide is for informational purposes only. You should seek the services of a licensed real estate professional and/or financial advisor as appropriate for your needs.

Regarding brokers and agents on its website, any individual claiming such status represents and warrants that they are appropriately licensed as required in all relevant jurisdictions. While the company may remove unlicensed individuals from its listings, it does not undertake to verify the licensure of individuals identified as brokers or agents. It is the user’s responsibility to confirm the licensed status of any brokers listed on the website.

Terms for Brokers and Agents

Real estate professionals using our website must agree to the following terms:

Terms for Referral Agreement

The terms below relate to the Referral Agreement entered into by you (the Agent) and ipayone (the "Referral Agreement"). Capitalized terms not defined herein have the meanings assigned to them in the Referral Agreement.

Terms for Buyers and Sellers

All non-real estate professionals (including prospective Buyers and Sellers and their representatives) using our website must agree to the following terms:

Additional Terms

The website and some of our services may allow you to upload, submit, store, send, or receive content and data ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, store, send, or receive User Content to or through the website or services, you give us permission to reproduce and use your User Content as follows: you grant us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the website and services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the website and services and to develop new services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty-free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning our rights under this license continue even after you stop using the website and services. However, we will generally only use your User Content for as long as you choose to store it with us using the website or services.

You also agree that we may use cookies and other tracking technologies to collect information you provide and information about your interactions with our site to enhance user experience, analyze performance, and assist our marketing efforts and customer service. For more information about our privacy practices, please see our Privacy Policy.

You promise that:

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the website or services for any reason.

Other than User Content, we own or license all right, title, and interest in and to (a) the website and services, including all software, text, media, and other content available on the site and services ("Our Content"); and (b) our trademarks, logos, and brand elements ("Marks"). The website, services, Our Content, and Marks are all protected under U.S. and international laws. The look and feel of the site and services are copyright © ipayone.com. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from ipayone.com.

All who are involved with and use our website must agree to the following additional terms:

It is the policy of ipayone to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for these sites: ipayone.com ipayone Legal Department Attn: General Counsel

To be effective, the notification must be a written communication that includes the following:

ipayone intends the information on our website to be accurate and reliable; however, errors sometimes occur. Additionally, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information on this website and are not responsible for any errors, omissions, or misrepresentations. Any information should be independently verified.

To protect our service, you agree to refrain from the following prohibited activities:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IPAYONE AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, THIRD PARTY INVESTORS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF IPAYONE’S SERVICES IS AT YOUR OWN RISK. WE AND/OR ANY IPAYONE SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE AND/OR THE IPAYONE SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IPAYONE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR CUMULATIVE LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO ONE-HUNDRED U.S. DOLLARS ($100).

Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration administered by JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc.) in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures then in effect (“JAMS Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.

The Federal Arbitration Act and federal arbitration law apply to these Terms of Service. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these

Terms of Service, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Service. Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.

Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Service will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms of Service. This Section of the Terms of Service will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS’ RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

To the maximum extent permitted by applicable law, you agree to indemnify and hold ipayone and our affiliates harmless from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to any actual or alleged breach of these Terms of Service, any executed Referral Agreement, and/or any other agreement by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Finally, you also agree to the following: These Terms of Service shall be subject to and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. You agree that any action of whatever nature not subject to the arbitration agreement above arising from or relating to this Agreement, the website, or our services will be filed only in the state or federal courts located in California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any part of these

Terms of Service is determined to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. The failure by us to enforce any right or provision of this Agreement will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms of

Service, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to ipayone.