Leah Slawson

Call or Text (614) 843-2345

Terms & Conditions

1. ACCEPTANCE OF TERMS

1.1 Your access to and use of any of Leah Sells Homes's websites, platforms, applications, and related services (collectively, the "Website" or "Services") is subject exclusively to these Terms and Conditions.

You will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions.

By using the Services, you are fully accepting the terms, conditions, and disclaimers contained in this notice. If you do not accept these Terms and Conditions, you must immediately stop using the Services.

1.2 We reserve the right to update or amend these Terms and Conditions at any time, and your continued use of the Services following any changes shall be deemed to be your acceptance of such changes.

It is therefore your responsibility to check these Terms and Conditions regularly for any changes.


2. THE SERVICES

"Services" consist of the Website and any functions, features, products, content, communications, or other services provided by, through, or in conjunction with the Website.

The Services may include, without limitation, websites, online accounts, forms, applications, email communications, telephone communications, text messages, online resources, digital content, customer support, and other services or features made available by Leah Sells Homes.

Unless stated otherwise, the Services are intended for your personal or lawful business use only.

The Services are not intended for use by users under the age of 13. By registering for or using the Services, you warrant to us that you are over the age of 13 and that you shall not allow persons under the age of 13 to use or access the Services.

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY. DO NOT USE THE WEBSITE OR REGISTER FOR THE SERVICES IF YOU DO NOT WISH TO COMPLY.

By filling out a contact form, submitting your information, registering a user account, requesting information, purchasing a product or service, or otherwise providing your contact information through the Services, you may be providing express consent for us to contact you by phone, email, or text message, subject to applicable law and any applicable consent requirements.

You understand that consent to receive communications is not required as a condition of purchasing any goods or services unless expressly permitted by applicable law.

You have the right to withdraw your consent or opt out of receiving certain communications by contacting us through the methods listed in the "Contact" section of the Website.

You may opt out of marketing emails by clicking the "unsubscribe" link in any marketing email we send to you.

You may opt out of text messages by replying "STOP" or following the applicable opt-out instructions provided in the message.

If you opt out and subsequently provide consent again or re-enable communications where applicable, you may be deemed to have provided consent to receive those communications again.

Message and data rates may apply to text messages depending on your mobile service provider and plan.


3. PRIVACY POLICY

Our Privacy Policy is incorporated herein by reference.

By using the Services, you acknowledge and agree that information collected through the Website and Services may be collected, used, stored, and disclosed in accordance with our Privacy Policy.


4. 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 your 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.

You are responsible for ensuring that the information associated with your account remains accurate and current.

In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure, loss, misuse, or unauthorized use of your username and/or password, except to the extent such liability cannot be excluded under applicable law.

You may not use another person's user account at any time without the express permission of the account holder.


5. ACCEPTABLE USE

5.1 For purposes of these Terms and Conditions, "Content" means information, text, graphics, logos, photographs, images, moving images, sound, illustrations, videos, software, documents, and other materials made available, displayed, submitted, transmitted, or otherwise provided over, by, or in connection with the Services.

Content may include information made available by means of an Internet "hyperlink," a third-party web posting, or similar means.

The term "Content" also includes trademarks, trade names, service marks, logos, domain names, and other intellectual property contained therein.

5.2 With regard to the use of the Services, including any and all Content that you upload, send, post, email, submit, or otherwise transmit while using the Services, you represent that:

(i) you are the true owner of, or have and will have at all times, sufficient rights and authority to upload, submit, transmit, or otherwise use the Content;

(ii) the Content does not and will not violate:

(a) copyrights, patents, trade secrets, trademarks, service marks, or other intellectual property rights;

(b) other property rights;

(c) privacy rights;

(d) publicity rights; or

(e) any other proprietary or legal rights of any other person, business, or entity; and

(iii) transmission of the Content does not and will not violate any applicable laws or breach any licenses, contracts, or other agreements to which you are a party.

Except as specifically permitted by law, you may not post, modify, distribute, reproduce, or otherwise use copyrighted or proprietary materials belonging to another person or entity without obtaining the prior written consent of the copyright owner or other authorized rights holder.

You acknowledge that all Content, whether posted publicly or transmitted privately over, by, or in connection with the Services, is the sole responsibility of the person from whom such Content originated.

We do not control or endorse Content submitted by users or third parties and cannot guarantee the accuracy, integrity, legality, or quality of such Content.

You acknowledge that by using the Services, you may be exposed to Content that is inaccurate, offensive, objectionable, or indecent.

We will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of or reliance on any Content transmitted through the Services, except to the extent liability cannot legally be excluded.

You agree to bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

5.3

In using the Services, you agree not to:

5.3.1 post, publish, distribute, transmit, or disseminate material or information that is tortious, libelous, defamatory, infringing, obscene, indecent, threatening, abusive, harassing, fraudulent, or unlawful;

5.3.2 threaten, abuse, disrupt, stalk, harass, impersonate, or otherwise violate the legal rights, including rights of privacy and publicity, of others;

5.3.3 make available or upload files that contain a virus, worm, Trojan, malicious code, corrupt data, or other code that damages, destroys, interferes with, or is intended to damage, destroy, or interfere with the operation of the Services or with any computer, network, device, or property of another;

5.3.4 advertise or offer to buy or sell goods or services for any commercial purpose through the Services unless such communication facility specifically allows such messages;

5.3.5 post, publish, distribute, or disseminate material or information that you do not have a right to transmit under any applicable law or under contractual or fiduciary relationships, such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement;

5.3.6 collect, harvest, scrape, or otherwise obtain personal information about other users without their knowledge or lawful authorization;

5.3.7 use the Services to engage in fraud, deception, phishing, impersonation, or other unlawful activities;

5.3.8 interfere with the proper functioning or security of the Website or Services;

5.3.9 attempt to circumvent, disable, or interfere with security features or access controls; or

5.3.10 use the Services in any manner that violates applicable laws, regulations, rules, or third-party rights.

5.4

We shall be entitled, at our sole discretion, to remove, restrict, disable, or refuse to publish any material that breaches these Terms and Conditions or is otherwise objectionable.

We are not obligated to monitor all Content submitted through the Services and do not assume responsibility for doing so.

5.5 You may not use the Services to interfere with, gain unauthorized access to, or otherwise violate the security of our network, servers, computers, devices, software, data, or systems, or those of another party, or to attempt to do any of the foregoing.

Examples of system or network security violations include, but are not limited to:

Unauthorized monitoring, scanning, probing, or testing of networks or systems, or any other action aimed at the unauthorized interception of data or harvesting of email addresses or other information;

Using any forged, false, or misleading identity, email header, invalid or non-existent domain name, or other deceptive identifying information in email communications or postings, or employing techniques designed to hide, obscure, or counterfeit the source of email or other communications;

Hacking, attacking, gaining access to, breaching, circumventing, or testing the vulnerability of user authentication or security systems of any host, network, server, personal computer, network access device, software, application, or data without express authorization from the owner of the applicable system or network;

Impersonating another person or secretly or deceptively obtaining personal information of third parties, including through phishing or similar activities;

Using any program, file, script, command, or transmission of any message or content designed to interfere with a terminal session, access to or use of the Internet, or any other means of communication; or

Distributing or using tools designed to compromise security, including password guessing programs, packet sniffers, network probing tools, cracking tools, or programs that may damage the operation of another person's network, system, computer, device, or other property, except where expressly authorized for legitimate security testing or other lawful purposes.


6. TERMINATION

We reserve the right to immediately and without notice suspend or terminate your account or any of the Services if we reasonably believe that you have violated these Terms and Conditions.

We have no obligation to provide you with notice of an alleged violation before taking such action where immediate action is reasonably necessary.

We may also, at any time and at our sole discretion, discontinue the Services or any part thereof without prior notice.

You agree that we shall not be liable to you or any third party for any termination, suspension, modification, or discontinuation of your access to the Services, except to the extent such liability cannot legally be excluded.

Upon termination, any provisions of these Terms and Conditions that by their nature should survive termination shall remain in effect.


7. LINKS TO THIRD-PARTY WEBSITES

The Services may include links to third-party websites, platforms, applications, or services that are controlled and maintained by others.

Any link to another website or service does not constitute an endorsement, sponsorship, or recommendation of such website or service unless expressly stated otherwise.

You acknowledge and agree that we are not responsible for the content, availability, accuracy, security, privacy practices, or policies of any third-party websites or services.

Neither these Terms and Conditions nor our Privacy Policy governs your use of third-party websites or services.

Your use of third-party websites or services is subject to the applicable third party's terms, conditions, and privacy policies.


8. COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, regulations, rules, and requirements regarding your use of the Services.

You further agree to comply with all applicable laws regarding the transmission, use, storage, processing, and handling of information and data.

You acknowledge that certain software, technology, technical data, products, or services that may be provided as part of the Services may be subject to domestic and foreign laws and regulations, including applicable export control, sanctions, privacy, communications, consumer protection, intellectual property, and data protection laws.

You agree to strictly comply with all applicable laws and regulations relating directly or indirectly to your use of the Services and your transmission of Content.

You are solely responsible for determining which laws and regulations apply to your use of the Services and for complying with those requirements.


9. INTELLECTUAL PROPERTY RIGHTS

9.1

The Services, the Website, and the Content contained therein, including without limitation the Website design, text, graphics, logos, images, videos, software, source codes, processes, and other materials connected with the Website and Services, are protected by copyright, trademarks, patents, trade secrets, and other intellectual property rights and laws.

In accessing the Services, you agree that you will access and use the contents solely for your personal or authorized business use.

None of the Content may be downloaded, copied, reproduced, transmitted, stored, sold, licensed, distributed, modified, or otherwise exploited without the prior written consent of the applicable copyright or intellectual property owner, except as expressly permitted by these Terms or applicable law.

We hereby grant you a limited, personal, revocable, non-exclusive, and non-transferable license to access, copy, and/or print pages viewed through the Website or Services for your personal or authorized business use only, provided that you do not remove any copyright, trademark, or other proprietary notices.

9.2

We do not claim ownership of materials that you post, upload, or submit to any publicly accessible area of the Services.

However, by submitting such Content, you grant us a worldwide, royalty-free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate, and publish such Content for the purpose of operating, promoting, improving, or providing the Services.

The license granted under this section shall continue for as long as you make such Content available through the Services and shall terminate when such Content is deleted from the Services, subject to any rights or licenses that may have already been granted or any legal, archival, or operational requirements requiring continued retention.

You represent and warrant that you have the necessary rights and authority to grant the foregoing license.


10. INDEMNITY

You agree to indemnify, defend, and hold harmless Leah Sells Homes, its owners, officers, directors, employees, contractors, agents, affiliates, service providers, licensors, and representatives from and against any and all Claims and Damages arising directly or indirectly from:

(i) any breach by you of these Terms and Conditions;

(ii) your use or misuse of the Services;

(iii) any Claim brought or threatened against us by any third party arising out of your use of the Services;

(iv) any Content submitted, posted, uploaded, transmitted, or otherwise made available by you through the Services;

(v) your violation of any applicable law, regulation, or third-party right; or

(vi) your violation of any intellectual property, privacy, publicity, contractual, or other proprietary right.

You agree to cooperate reasonably in the defense of any such Claim.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree not to settle any such matter without our prior written consent.


11. DISCLAIMERS AND LIMITATION OF LIABILITY

11.1 Definitions

For purposes of Sections 10 and 11:

"Claim" shall mean any suit, claim, demand, cause of action, administrative, regulatory, or judicial action, proceeding, hearing, written notice, arbitration, investigation, request for information, litigation, charge, or complaint.

"Damages" shall mean any and all injury, damage, liability, judgment, loss, penalty, interest, cost, and expense, including reasonable attorneys' fees and court costs incurred due to, as part of, or resulting from an asserted or threatened Claim.

11.2 Warranty Disclaimers

USE OF THE SERVICES IS AT YOUR OWN RISK.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, OR SECURITY.

ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11.3 WE ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER TO THE EXTENT ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH LOST OR ALTERED MESSAGES OR TRANSMISSIONS OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, DAMAGE, OR DESTRUCTION OF YOUR CONTENT, DATA, PROGRAMS, INFORMATION, NETWORK, DEVICES, OR SYSTEMS, EXCEPT TO THE EXTENT THAT ANY OF THE FOREGOING IS CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

11.4 NOTWITHSTANDING ANY PROVISION OF THESE TERMS AND CONDITIONS TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL COSTS, LIABILITIES, OR DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING ECONOMIC LOSS, LOST BUSINESS, LOST PROFITS, LOSS OF DATA, LOSS OF OPPORTUNITY, OR BUSINESS INTERRUPTION.

THIS INCLUDES DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THE SERVICES, ANY INTERRUPTION OF SERVICE, OR ANY DELAY, ERROR, INTERRUPTION, OR LOSS OF DATA OR INFORMATION ARISING IN ANY MANNER OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR A PARTY'S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS.

TO THE EXTENT SUCH DISCLAIMER IS PERMITTED BY LAW, WE HEREBY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING COSTS, LIABILITIES, OR DAMAGES CAUSED BY OUR GROSS NEGLIGENCE.

11.5 YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT GUARANTEED TO BE SECURE OR FREE FROM TAMPERING, VIRUSES, MALWARE, OR OTHER SECURITY VIOLATIONS.

ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE SECURITY OF THE SERVICES, WHETHER OR NOT YOU HAVE IMPLEMENTED ENCRYPTION, FIREWALL PROTECTION, ANTIVIRUS SOFTWARE, OR ANY OTHER INTERNET SECURITY SERVICE OR DEVICE.

YOU AGREE THAT THE TRANSMISSION OR USE OF CONTENT VIA THE SERVICES IS AT YOUR OWN RISK.

11.6 Notwithstanding the foregoing, nothing in these Terms and Conditions shall be construed so as to exclude or limit our liability for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited under applicable law.


12. SEVERABILITY

If any of these Terms and Conditions should be held or determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be deemed separate, distinct, and independent and shall be deemed severed and ineffective only to the extent of such holding or determination.

The remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.


13. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state, province, or jurisdiction in which Leah Sells Homes maintains its principal place of business or headquarters, without regard to conflict-of-law principles.

To the extent permitted by applicable law, you agree to submit to the jurisdiction of the courts located in the applicable jurisdiction for the resolution of disputes arising out of or relating to these Terms and Conditions or the Services.

Captions and headings are for reference purposes only and are not substantive provisions.

Pronouns used herein include the singular and plural and are to be deemed masculine, feminine, and neuter, as the context may require.

References to a "person" or "party" include an individual, corporation, partnership, limited liability company, limited partnership, limited liability partnership, association, trust, or other legal entity, as the case may be.


14. ENTIRE AGREEMENT

These Terms and Conditions, together with our Privacy Policy and any other policies, notices, agreements, or terms expressly incorporated herein by reference, constitute the entire agreement between you and Leah Sells Homes regarding your use of the Website and Services.

These Terms and Conditions supersede all prior or contemporaneous communications, representations, understandings, or agreements regarding the same subject matter, except for any separate written agreement expressly entered into between you and Leah Sells Homes.


15. WAIVER

No failure or delay by Leah Sells Homes in exercising any right, power, or remedy under these Terms and Conditions shall operate as a waiver of that right, power, or remedy.

Any waiver must be expressly made in writing and shall apply only to the specific instance for which it is given.


16. ASSIGNMENT

You may not assign, transfer, or otherwise delegate any of your rights or obligations under these Terms and Conditions without our prior written consent.

We may assign, transfer, or delegate our rights and obligations under these Terms and Conditions, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, sale of assets, or similar transaction.

Leah Slawson · EXP Realty · (614) 843-2345 · License 2015004874

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