SIMPLYHOME TERMS OF USE

1. INTRODUCTION

These SimplyHome Terms of Use (these “Terms of Use”) form a contract between you (“you”, “your” or “yourself”) and Camillo Properties Ltd., dba SimplyHome. (“SimplyHome”, “we”, “us” or “our”). Please read these Terms of Use carefully.

By accessing or using this website, any other services offered by SimplyHome, or its affiliates, or any associated features, functionalities and/or Content (as defined below) contained therein (collectively, the “Services”), you accept and agree to these Terms of Use and confirm that you have the legal authority to do so.

These Terms of Use incorporate by reference the SimplyHome privacy policy (available at [www. simplyrent.com/privacy-policy]) (“Privacy Policy”).

Please carefully review the Privacy Policy in connection with your access and use of the Services.

2. ELIGIBILITY

You must be at least 18 years of age to use the Services. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; and (b) you have not previously been prohibited, suspended or removed from accessing or using the Services. When you register for an account, you will be asked to provide us with information about yourself, such as your email address, phone number or other contact information. You agree, represent and warrant that the information you provide is accurate and that you will keep such information accurate and up to date at all times. To the extent you register an account, you are solely responsible for maintaining the confidentiality of your account access credentials. You may not share your account access credentials with others and you are responsible for all actions taken on or in connection with your account.

3. AFFILIATED BUSINESSES

This is to give you notice of business relationships among the following providers, each of which are affiliates of SimplyHome: Legend Classic Homes, Ltd. and LCI Services, LLC. Because of these relationships, any referrals of you by SimplyHome or its affiliates may provide the referred company, its direct or indirect parent or other contractors or employees with a financial or other benefit. You should read the policies and terms of use of each affiliate or referred company, as they may differ from these Terms of Use. Although SimplyHome screens companies with which it does business, SimplyHome is not responsible for their actions. If you are not comfortable using a SimplyHome affiliate or a company referred by SimplyHome, you have no obligation to do so and you may use another provider of your choice.

4. ACCESS TO AND USE OF THE SERVICES

4.1 Service Materials. The Services may provide you with access to a variety of content, data and materials, as updated by SimplyHome from time to time, including, without limitation: (a) materials and other items relating to our products and services, and similar items from our licensors and other third parties, including, but not limited to, the user interfaces, design, graphics, look and feel of the Services and any buttons, text, icons, images, video clips, audio clips, sounds, pictures, advertising copy and interactive features contained therein; (b) trademarks (including but not limited to SimplyHome), logos, trade names, trade dress, service marks, and trade identities of various parties (collectively, “Marks”); (c) documents, including, but not limited to, surveys, plats, title reports, commitments, policies and endorsements, purchase agreements, leases, licenses, escrow agreements, loan agreements, promissory notes, deeds, deeds of trust, declarations, covenants, conditions, restrictions, riparian rights, rights of way, easements, affidavits and other real property instruments; (d) educational information regarding the sale and financing of real estate, including, but not limited to, Multiple Listing Service information and other related Third-Party Materials (as defined below); and (e) other forms of intellectual property ((a) through (e) are collectively referred to as “Content”).

4.2 License to the Content and Services. Subject to your strict compliance with these Terms of Use, we hereby grant to you a limited, revocable and non-transferable license to access, view and download (in temporary storage only) the Content on supported devices (the “Limited License”). The Limited License is for your personal, non-commercial use and for the limited purpose of considering and/or pursuing a real property transaction with us. The Limited License will remain in effect unless and until we or you terminate these Terms and Conditions, the license or your account. The Services are available for informational purposes only. Subject to
the restrictions set forth in these Terms of Use, you may copy information from the Services, solely without the aid of any automated processes and only as necessary for your personal use to view, save, print, fax and/or e-mail such information. The availability of, and your access to, the Services does not constitute, either explicitly or implicitly, any provision of services or products by us or any of our respective affiliates. You will use the Services in an unmodified form and as provided by us and you will not distribute, re-brand, co-brand, or otherwise modify the Services, including but not limited to, by removing, altering or adding any text, graphics, warranty
statements, logos or other Content contained therein.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership. All right, title and interest in and to the Services (and all Content contained therein) is the property of SimplyHome, our licensors or certain third parties, all of which is protected by U.S. and international copyright, trademark and other intellectual property laws. Except as explicitly stated in these Terms of Use, we, our licensors and such other third parties reserve all rights in and to the Services and Content, and you may not make use of the Services and Content except as explicitly granted in these Terms of Use. You may not remove, obscure or modify any copyright or other intellectual property notices that appear on or in the Content or Services.

5.2 Trademark Restrictions. Except as permitted under the Limited License, You will not use the Marks for any purpose. You may not use any meta-tags or other hidden text using any of the Marks. You will not take any action in derogation of our rights in the Marks, including, but not limited to, using any Mark in a confusing or disparaging manner, or applying to register any trademark, trade name, service mark or other designation anywhere in the world that is confusingly similar to any Mark.

6. FEEDBACK USER CONTRIBUTIONS

6.1 Feedback. To the extent you provide us with any feedback, suggestions or comments with regard to the Content or the Services (“Feedback”), you agree to assign and hereby assign to the us all right, title and interest in and to the Feedback. To the extent the foregoing assignment of Feedback is not allowed by applicable law, you hereby grant to us a perpetual, irrevocable, worldwide, exclusive, transferable, fully sublicensable, fully paid-up, royalty-free license to use the Feedback for all manner and means that we see fit.

6.2 Use of User Contributions. If you choose to submit information or material to us through the Services (such information, “User Contributions”), you grant to SimplyHome an unrestricted, irrevocable, perpetual, fully transferrable, fully sublicensable, fully paid up, royalty-free license to use, reproduce, display, perform, modify, transmit, create derivate works of and distribute such User Contributions. You also agree that we are free to use User Contributions for our business purposes, including, but not limited to the delivery, development and improvement of the Services. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to User Contribution. We will not be subject to any obligations of confidentiality regarding User Contributions, except as agreed by us or as otherwise specifically required by law.

6.3 Representations and Warranties. By submitting User Contributions and/or Feedback to us through the Services, you represent and warrant to us that: (a) you own or control all rights in and to such User Contributions and Feedback as you submitted; (b) you have the right to grant the license or assignment granted in Sections 6.1 and 6.2, as applicable, to us and our service providers, and each of our respective licensees, successors and assigns; (c) the User Contributions and Feedback submitted do not violate any applicable federal, state, local or international law or regulation; (d) our use of the User Contributions and any Feedback will not
infringe, misappropriate or otherwise violate the rights, including any intellectual property rights or other rights, of any person; and (e) User Contributions and Feedback do and will comply with our Content Standards (as defined below).

7. CONTENT STANDARDS; PROHIBITED USE

7.1 Content Standards. You agree that any and all User Contributions and Feedback will not: (a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy; (e) be likely or intended to deceive any person; (f) promote any illegal activity or advocate, promote or assist any unlawful act; (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization; or (i) involve commercial activities or sales, such as contests, sweepstakes or other sales promotions, barter or advertising, (collectively, the “Content Standards”). SimplyHome reserves the right, but is not obligated to monitor, modify or remove User Contributions or Feedback at any time for: (1) actual or suspected violation of the Content Standards or (2) compliance with applicable laws, in our sole discretion.

7.2 Prohibited Use. Except as otherwise expressly permitted by these Terms of Use, you agree that you will not, at all times during and after your access to and/or use of the Services: (a) copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, reverse-engineer, decompile, disassemble, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, extract or otherwise use any Content or other technology, services, information or material obtained from or through the Services except as expressly allowed in these Terms of Use; (b) attempt to gain unauthorized access to any portion or feature of the Services or any other systems or networks connected to the Services or to any of our servers, by hacking, password “mining” or any other illegitimate or prohibited means; (c) probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach or circumvent the security or authentication measures on the Services or any network connected to the Services; (d) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services; (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services, our systems or networks or any systems or networks connected to the Services; (f) use any device, software or routine to disrupt, impair or interfere with the operation or integrity of the Services, any transaction conducted on the Services or with any other person’s use of the Services; (g) forge headers, impersonate a person or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us on or through the Services; (h) collect or attempt to collect any information about other users of the Services; (i) use the Services in any way that violates or is prohibited by any applicable federal, state, local or international law or regulation or for any purpose that is prohibited by these Terms of Use; or (j) introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. Any unauthorized use of the Services or the Content is strictly prohibited and will immediately and automatically terminate the permissions granted herein and may violate applicable laws, including but not limited to copyright laws, trademark laws and commercial regulations and statutes.

7.3 Personally Identifiable Information. You are prohibited from posting any User Contributions or Feedback containing official identification information (whether of your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number or any other similar number, code or identifier. Posting such identification information may lead to identity theft and other adverse consequences. SimplyHome may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information.

7.4 No Endorsement. SimplyHome does not endorse and is not responsible for any User Contributions, Feedback or Third-Party Materials, including any opinion, advice, information or statement contained therein. You acknowledge that by accessing the Services, you may come into contact with Content, User Contributions, Feedback or Third-Party Materials that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that SimplyHome shall have no liability with respect to such content.

7.5 Termination. SimplyHome reserves the right to refuse service, terminate accounts, terminate your rights to use the Services or remove or edit your User Contributions or Feedback in its sole discretion. SimplyHome may also terminate these Terms and Conditions at any time and for any reason.

7.6 Non-Compliance Notices. If you believe that that there is Content on the Services that is not compliant with these Terms of Use or the Content Standards, you may report such wrongful content and submit a removal request via the contact information provided in Section 16 of these Terms of Use. SimplyHome shall promptly review any such notices and communication and shall determine in its sole discretion whether to remove the reported content.

8. PRIVACY POLICY

Your access to and use of the Services is governed by our Privacy Policy, which discloses how we collect, use and disclose information about you.

9. ELECTRONIC COMMUNICATIONS

When you visit the Services or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail and you consent that all agreements, notices, disclosures and other communications that we provide to you in e-mail form satisfy any legal requirement that such communications be in writing, and you expressly waive any right to receive hard copy communications via personal delivery, mail, courier or any other method. You further consent to receive occasional email and text messages from SimplyHome regarding products and services offered by SimplyHome, its partners, affiliates, or both. IF YOU WISH NOT TO RECEIVE ELECTRONIC COMMUNICATIONS UNRELATED TO COMMUNICATIONS DIRECTLY RELATED TO YOUR EXPERIENCE AS A CUSTOMER OF SIMPLYHOME, PLEASE NOTIFY US.

10. THIRD-PARTY SERVICES AND MATERIALS

The Services may display, include or make available Content, data, information, applications, plugins, products, services, listings, resources, platforms, functionality or materials from third parties (including SimplyHome affiliates) or provide links to certain third-party websites, webpages, platforms or applications (collectively, “Third-Party Materials”). Such Third-Party Materials provided by the Services may include, without limitation, payment processing services, financial services and Multiple Listing Services. Any activities in which you engage in connection with any Third-Party Materials are subject to the privacy and other policies, terms and conditions of use, service and/or sale and rules issued by the provider of such Third-Party Materials. Third-Party Materials are provided solely as a convenience to you and should not be interpreted as approval by us of those Third-Party Materials. We have no control over the contents of Third-Party Materials. We do not assert copyright or grant any rights to the underlying images or descriptions of third-party real estate listings provided through the Services. Any use of these Third-Party Materials is subject to the copyright owner’s permission and the requirements of applicable law. The Third-Party Materials may contain information about us and/or our products and services that have not been approved and/or endorsed by us. We are not responsible for the contents of, or the consequences of accessing, any such Third-Party Materials and disclaim any responsibility for the accuracy or appropriateness of the information contained therein. We encourage you to review the legal terms governing any Third-Party Materials which you choose to access in connection with the Services.

11. FEES; PAYMENTS

11.1 Fees. You may be required to pay fees to access or use certain features of the Services. All fees are in U.S. dollars and are non-refundable unless otherwise expressly stated. If you do not pay the applicable fees when due, we may discontinue providing the Services to you. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. You authorize us to charge all fees as described in these Terms of Use for the Services you select to such payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

11.2 Third Party Processors. We use third-party payment processors to process your payments. Such payment processing services are considered Third-Party Materials. These third-party payment processors will collect the information necessary to effectuate your transaction with us, such as credit/debit card number, security/CVV code and expiration date. The third-party payment processors will handle your payment information in accordance with their own policies. SimplyHome does not have access to your full payment information. You are responsible for payment of any additional charges or transaction fees charged by any third-party payment processor or service provider.

12. SOCIAL MEDIA

The Content on our social media channels, including but not limited to, X (formerly known as Twitter), Instagram, LinkedIn, YouTube, Facebook and Medium is provided “As-Is” and for informational purposes only. We do not warrant the accuracy, completeness or usefulness of any information available on our social media channels. We do not control and are not responsible for any third-party content on such channels or on other third-party sites that may be linked to such channels. Such third-party content or sites should not be presumed to reflect our views. We are not responsible for your use of such channels or such third-party content or sites, or for any third party’s policies or practices regarding security, privacy, use or other matters.

13. DISCLAIMER OF WARRANTIES

13.1 Services Disclaimers. YOUR ACCESS TO AND USE OF THE SERVICES AND ALL CONTENT AND PRODUCTS OR SERVICES AVAILABLE THROUGH OR ON THE SERVICES ARE PERFORMED AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT AND PRODUCTS OR SERVICES AVAILABLE THROUGH OR ON THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY, EACH OF WHICH ARE HEREBY DISCLAIMED BY SIMPLYHOME. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT AND PRODUCTS OR SERVICES AVAILABLE THROUGH OR ON THE SERVICES ARE OR WILL BE ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS YOUR RESPONSIBILITY TO TAKE ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL CODE. IN ADDITION, YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY OF YOUR DATA AND ANY CONTENT WHICH YOU SUBMIT THROUGH THE SERVICES. IN NO EVENT WILL SIMPLYHOME BE LIABLE FOR THE LOSS, DESTRUCTION OR UNAUTHORIZED DISCLOSURE OF YOUR DATA.

13.2 Third-Party Materials Disclaimer. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH OR OBTAINED FROM A LINKED SERVICES OR THIRD-PARTY MATERIALS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE OR OTHER CONTENT.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SIMPLYHOME OR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, REGISTERED REPRESENTATIVES OR EMPLOYEES OR ANY AGENT, LICENSOR OR THIRD PARTY VENDOR, BE LIABLE OR HAVE ANY LIABILITY FOR, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES INCLUDING LOST PROFITS ARISING OUT OF, RELATED TO OR IN ANY WAY IN CONNECTION WITH YOUR: (A) ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SERVICES OR RELIANCE ON THE CONTENT; (B) ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR LINE OR SYSTEM FAILURE ASSOCIATED WITH THE SERVICES; (C) ANY LOSSES YOU MAY SUSTAIN FROM INTERACTING WITH A LINKED THIRD-PARTY SERVICES OR WITH THIRD-PARTY MATERIALS, IN EACH CASE, REGARDLESS OF OUR KNOWLEDGE THEREOF; OR (D) ANY LOSS OR UNAUTHORIZED DISCLOSURE OF YOUR DATA OR INFORMATION. YOUR SOLE REMEDY RELATING TO YOUR USE OF THE SERVICES AND/OR CONTENT IS TO CEASE USING THE SERVICES.

15. INDEMNITY

15.1 User Indemnification. You agree to indemnify, defend (at our sole option) and hold us and our subsidiaries, affiliates, officers, agents, employees, licensors and third-party vendors harmless from any third-party claims, and any related liabilities, damages, losses, expenses or costs (including reasonable attorney fees and costs), arising out of, related to or incurred in connection with: (a) your failure to comply with applicable laws, regulations, these Terms of Use, the Privacy Policy and any other third party policies, terms and conditions, if and as applicable to you; (b) our use of User Contributions and Feedback as contemplated or permitted under these Terms of Use; (c) your violation of any rights of a third party; or (d) your use of the Services (and all Content contained therein).

15.2 California Residents Waiver. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542 (OR ANALOGOUS LAWS OF OTHER STATES), WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

16. CHANGES AND MODIFICATIONS

16.1 Changes to these Terms of Use. We may change, modify, add or remove portions to the Services, the Content, these Terms of Use or the Privacy Policy at any time. Your continued use of the Services following such modifications will be conclusively deemed acceptance of any changes to these Terms of Use or the Privacy Policy, or both, respectively. We recommend that you review the Services often for such changes and modifications. Except for changes by us as described here, no other amendment or modification of these Terms of Use will be effective unless in writing and signed by both you and us. If you have any questions or comments about these Terms of Use or the Privacy Policy, please contact us by email at legal@camillo.com. You may also write to us at: 13141 Northwest Freeway, Houston, Texas 77040.

17. GOVERNING LAW; DISPUTE RESOLUTION

17.1 Choice of Law. These Terms of Use and your access to and use of the Services will be governed by and construed and enforced exclusively in accordance with the laws of Texas, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction). The Uniform Computer Information Transactions Act, as enacted in Texas or any version thereof, adopted by any state in any form (“UCITA”), shall not apply to this agreement and, to the extent that UCITA is applicable, the parties agree to opt-out of the applicability of UCITA pursuant to the opt-out provision(s) contained therein.

17.2 Choice of Jurisdiction & Venue Waiver of Jury Trial. Any dispute under these Terms of Use will be resolved exclusively in the state or federal courts with jurisdiction over Texas, sitting in the city of Houston, Texas. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS YOU MAY HAVE TO A JURY TRIAL IN ANY SUIT, ACTION OR PROCEEDING EXISTING UNDER OR RELATED TO THESE TERMS OF USE.

17.3 Limitation of File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. MISCELLANEOUS

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Any failure by you or us to enforce any provision of these Terms of Use will not constitute a waiver of such provision or of any other provision of these Terms of Use. Except as otherwise expressly provided in these Terms of Use, there will be no third-party beneficiaries to The Terms of Use. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope of such section. These Terms of Use and the Privacy Policy constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us with respect to the Services. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms of Use or your access to and use of the Services. Your rights and duties under these Terms of Use are not assignable by you without our written consent, and any prohibited assignment is null and void. These Terms of Use will inure to the benefit of, and are intended to be enforceable by, the parties hereto and their respective successors and permitted assigns. Any provision of these Terms of Use that imposes or contemplates continuing obligations on you or us will survive the expiration or termination of these Terms of Use.