FLIPP ACCOUNT
TERMS AND CONDITIONS

This Account Agreement governs your Account in the FLIPP mobile site, allowing you full access to the Account portions of the web site located at (the "Site"). This Account Agreement is in addition to the Terms of Use applicable to the Site. The Site is operated by FLIPP REAL ESTATE, LLC. ("FLIPP"). Access and use of the Account portions of the Site are provided by FLIPP to you on condition that you accept the terms and conditions of this Account Agreement and the Terms of Use, and by accessing or using the Account portions of the Site, you agree to the terms and conditions of this Account Agreement and the Terms of Use. If you do not agree to accept and abide by this Account Agreement and the Terms of Use, you should not access or use the Account portions of the Site. In the event of any inconsistency between this Account Agreement and the Terms of Use, the terms of this Account Agreement shall govern. FLIPP reserves the right, in its discretion, to change or modify all or any part of this Account Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the Account portions of the Site after such notice constitutes your binding acceptance of the terms and conditions in this Account Agreement, including any changes or modifications made by FLIPP as permitted above. If at any time the terms and conditions of this Account Agreement are no longer acceptable to you, you should immediately cease use of the Account portions of the Site.

Passwords

You acknowledge and agree that the user identification provided by FLIPP to you so that you may access and utilize the Account portions of the Site (your “email address”), and the password selected by and used by you in conjunction with your Email Address are to be kept secret and confidential. You agree that you shall not disclose such Member Name or password to any other party without the express written permission of FLIPP. You acknowledge and agree that you will be responsible for each and every access or use of the Account portions of the Site that occurs in conjunction with your Member Name and such passwords, and that FLIPP is authorized to accept your Email Address and password as conclusive evidence that you have accessed or utilized the Account portions of the Site. You acknowledge that such password(s) are unique to you and that, although FLIPP does have the ability to require password(s) to meet certain requirements (such as a minimum or maximum number of characters) and to reset such password(s), FLIPP does not have the ability to access the password(s) themselves.

Rules of Conduct

You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, you agree that when uploading to or communicating via the Site you shall not do any of the following:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
• Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
• Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.
• Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
• Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
• Falsify the origin or source of software or other material contained in a file that is uploaded.
• Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
• Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
• Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or FLIPP’s business.

You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other FLIPP member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Managing Content

FLIPP does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, FLIPP reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Account Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Member Name. FLIPP shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by FLIPP to determine Accepted Content is done as a courtesy only.

Indemnity

You agree to indemnify, defend and hold FLIPP and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "FLIPP Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any FLIPP Party in connection with: (i) any use or alleged use of the Site under your Account by any person, whether or not authorized by you; (ii) or resulting from any communication made or Content uploaded under your Account; or (iii) any breach by you of this Account Agreement. FLIPP reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with FLIPP's defense of such claim.

Term and Termination

This Account Agreement is effective until terminated. You may terminate this Account Agreement at any time by emailing info@FLIPPmobile.com or by such other means of written notice acceptable to FLIPP which enables confirmation of your identity and your intention to terminate. FLIPP reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the Account portions of the Site at any time for any reason without prior notice or liability. FLIPP may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability. FLIPP may also terminate or suspend your access to the Account portions of the Site for inactivity, which is defined as failing to access the Account portions of the Site for an extended period of time, as reasonably determined by FLIPP. Upon termination of your access to the Account portions of the Site, any payments made for the current month will be non-refundable.

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FLIPP DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. FLIPP DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL FLIPP OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS Account AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF FLIPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, FLIPP’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS Account AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) AMERICAN DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF FLIPP OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS Account AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND FLIPP, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND FLIPP RELATING TO THE SUBJECT OF THIS Account AGREEMENT.

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