TERMS AND CONDITIONS

TERMS OF USE

Last updated May 01, 2025

These Terms of Use (“Terms” or “Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Broker Public Portal, LLC. (“BPP”, “we”, “us”, or “our”), concerning your access to and use of the BPP website https://brokerdata.com (the “Site”) as well as any mobile application, software platform, products, medial, services, features, materials and offerings of the BPP available through the Site (collectively, the “Services”).

THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE READ THESE TERMS OF USE CAREFULLY.

1. AGREEMENT TO TERMS

You agree that by accessing the Site or using the Services, you have read, understood, and agreed to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by this reference.

The Site and Services are intended for users of the Site or Services (“Users”) who are at least 18 years old. By accessing the Site, registering for an account to use the Site (an “Account”), or using the Services, you represent and warrant that you are at least 18 years old, or over the age of majority in your jurisdiction, and able to enter into these Terms of Use.

2. CHANGES TO TERMS

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of, and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

3. USER REGISTRATION

You are not required to create an Account to access certain portions of the Site. However, you will be required to register with the Site in order to use certain features of the Services. You will be asked to create a unique username and secure password to register your Account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You agree to keep your password confidential and prevent unauthorized use of your Account through your computer or device. Your Account can only be used by you and not by any third party. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIVITY ON YOUR ACCOUNT, REGARDLESS OF WHETHER SUCH ACTIVITY WAS AUTHORIZED BY YOU, INCLUDING BUT NOT LIMITED TO ANY PURCHASES MADE THROUGH YOUR ACCOUNT.

If you discover any suspicious or unauthorized use of your Account, notify us and change your password immediately.

4. USER REPRESENTATIONS

By using the Site or Services, you represent and warrant that:

• you have the full right, power, and authority to enter into these Terms of Use;
• all registration information you submit will be true, accurate, current, and complete;
• you will maintain the accuracy of such information and promptly update such registration information as necessary;
• you will comply with these Terms of Use;
• you will not access the Site through automated or non-human means, whether through a Bot, script, or otherwise;
• you will not use the Service to upload or transmit any virus, worm, trojan horse, ransomware, or other malicious code or program;
• you will not use the Site or Services for any illegal, or unauthorized purpose; and
• you will comply with all applicable local, state, and federal laws, ordinances, regulations and orders with respect to your use of the Services and your Submissions, including without limitation the Fair Housing Act and Fair Credit Reporting Act (FCRA).

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Site or Services, or any portion thereof.

Information Harvesting. Automated or human queries (including screen and database scraping, spiders, robots, crawlers, and any other automated activity) with the primary purpose of harvesting information from the Services) are strictly prohibited on the Services. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines“) may query the Services and provide an index with links to the Services’ Web pages only to the extent such unlicensed “fair use” is allowed by applicable copyright law. You represent and warrant that you will not, nor will you direct Search Engines to, query or search information protected by a security verification system which limits access to human users or Search Engines.

5. LICENSE TO USE SITE AND SERVICES

We hereby grant to you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license during the Term to access the Site, use the Services, create an Account, and download, copy, and print limited portions of the Site, provided that you access and use the Site and Services solely for your internal business purposes, including providing real estate services to your clients, subject to the restrictions herein.

6. PROHIBITED ACTIVITIES

You may not access or use the Site or Services for any purpose other than that for which we expressly authorize in these Terms of Use. The Site may not be used in connection with any commercial endeavors except those that are specifically approved by us in writing. By using the Site or Services, you agree not to:

• aggregate, decompile, disassemble, deconstruct, decode, encode, or reverse engineer the Site or Services;
• transmit, reproduce, modify, translate, sell, sublicense, distribute, publicly perform, publish, host, or create derivatives of the Site or Services;
• commercially exploit or use the Site or Services to create a substantially similar product or service competitive with the Site or Services;
• use any scrapers, crawlers, scripts, or other processes to scrape information, content, or materials from the Site or Services;
• remove any proprietary notices from the Site or Services;
• use the Site or Services to send unsolicited, or other unwanted, harassing, or solicitous communications, or taking any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; and
• “frame” the Site or Services.

7. YOUR SUBMISSIONS

The Services may allow you to submit certain information and materials to BPP, including, without limitation, text, questions, data, queries and other content, as part of your use of the Services (“Submissions”). You acknowledge and agree that any Submissions are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use, publication, and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment, liability, or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions, and such Submissions do not and will not violate the contract or proprietary right of any third party.

Under these Terms of Use, you agree that you will not post, place, or transmit any of the following material using the Services and that your Submissions will not include any of the following material:

• any material that violates any federal, state, or local law rule or regulation, including without limitation, any fair housing laws, or any industry or trade group rules or regulations;
• any material that is inaccurate, false, or may mislead or confuse users of the Site or Services;
• any material that is threatening, defamatory, harassing, abusive, obscene, pornographic, objectionable, or otherwise inappropriate, in BPP’s sole discretion,
• any material that misappropriates or infringes rights of privacy, publicity, copyrights, patent, trademark, or other intellectual property or other rights of third parties;
• any material that you do not own or are not authorized to provide; or
• any material that promotes bigotry, racism, hatred, or harm against any individual or group or that otherwise violates any of these Terms of Use.
• Your Submissions do not otherwise violate, or link to material that violates, any provision of these Terms of Use.

BPP is not responsible for, and has no obligation to review, edit or comment on, the content of Submissions provided by Users. However, BPP reserves the right, in its discretion, to (i) delete, disable access to, move or edit Submissions for any reason or no reason, or (ii) take any other action that BPP deems necessary relating to use or misuse of the Services, including without limitation, modifying Submissions or terminating your Subscription and/or rights to use the Services. BPP does not have any control over, and disclaims any responsibility or liability for, content supplied by third parties, including Submissions.

8. INTELLECTUAL PROPERTY RIGHTS AND ACCEPTABLE USE

As between BPP and you, you acknowledge and agree that BPP or its licensors own all rights, title and interest in the Site, mobile application, Services, and software platform, and any and all data, software, programs, codes, processes, and any other functionality contained in or on the Site and all of the content accessible on the Services (collectively, “Materials”). The Site and Services are protected by copyright, patent, trade secret, and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international intellectual property laws, and international conventions. You agree not to contest BPP’s or its licensors’ ownership claims, or decompile, disassemble, reverse engineer, create derivatives of, or attempt to license, sub-license or re-license, any of the Materials at any time, or assist or enable any other person to do so. You also agree not to use the Materials in any way that is unlawful, or harms BPP, its Users, its service providers, its suppliers, or any other person. Further, BPP may terminate your use of the Services and Materials if and when it determines that your use is inappropriate or otherwise violates these Terms of Use, in its sole discretion.

The BPP name, logo, and other product/service names, trademarks, servicemarks, and slogans (collectively, the “Marks”) are owned by us. You are prohibited from using the Marks or any derivatives or similar marks: (a) in any product or service name; (b) in a manner that is defamatory or affects the goodwill associated with the Marks; (c) in any manner that dilutes the Marks; or (d) in a manner that suggests we endorse or support you, your business, or your products or services.

We reserve all rights not expressly granted to you in and to the Site, the Services, and the Marks.

9. THIRD-PARTY WEBSITE AND CONTENT

The Site may contain links to other websites (the “Third-Party Websites“) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content“). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or Services or any Third-Party Content posted on, available through, or installed from the Site or Services, including but not limited to the content, accuracy, availability, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.

If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your use of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

10. INTERNATIONAL USERS

The Site and Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site or Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. We do not make any representations that the Site or Services are appropriate or available in your jurisdiction.

11. PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use by this reference. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

12. ACCESSIBILITY

We are committed to making the Site and Services accessible for all to use. We have taken steps and regularly assess the Site to achieve compliance with generally recognized and accepted standards for accessibility. Should you experience difficulty in accessing any portion of the Site or Services, please contact us at pdr< at >brokerpublicportal.com.

13. TERM AND TERMINATION

If you have created an Account by registering with the Site, you can cancel your subscription at any time by sending a notice of cancellation to pdr < at> brokerpublicportal.com.

These Terms of Use shall remain in full force and effect while you use the Site and Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY SUBMISSIONS OR INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action for violations of applicable law or our rights, including without limitation pursuing civil, criminal, and injunctive redress.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, correct, revise, update, suspend, disable, discontinue, remove, or otherwise modify all or part of the Site or Services at any time or for any reason, in our sole discretion, without notice or liability to you.

We cannot guarantee the Site or Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

15. NO PROFESSIONAL ADVICE

You acknowledge and understand the Site and Services are provided for information purposes only and do not constitute legal, tax, real estate, or other professional advice. You should engage the services of qualified professionals prior to making any decisions based on the Site and/or Services.

16. GOVERNING LAW, WAIVER, SEVERABILITY

This Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions to the contrary. Any action arising out of or relating to these Terms shall be brought in the federal or state courts located in New Castle County, Delaware. BPP’s failure to exercise or enforce any right or provision of these Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remains in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one year after such claim or cause of action arose or be forever barred.

17. DISPUTE RESOLUTION

Binding Arbitration

You agree that any dispute, claim, lawsuit, or proceeding between you and BPP that arises out of these Terms of Use, our Privacy Policy, or your use of the Site or Services (a “Dispute”) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the commercial arbitration rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org.

The AAA Consumer Rules shall govern your arbitration fees and your share of arbitrator compensation. Arbitration costs shall be shared equally between us unless the arbitrator determines that such costs and expenses are unfair, in which case we will pay all arbitration fees and expenses. Each of us shall be responsible for our own legal fees related to the arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will decide in writing but need not provide a statement of reasons unless requested by you or us. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New Castle County, Delaware. Except as otherwise provided herein, either you or we may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Restrictions

You agree that any arbitration shall be conducted on an individual basis. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action or consolidated basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

You acknowledge and agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, or unauthorized use; (c) any claim for injunctive relief; and (d) any claim that meets the jurisdictional requirements for small claims court.

18. WARRANTY DISCLAIMERS

THE SITE, SERVICES, AND ALL DATA, CONTENT AND MATERIALS PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK. BPP DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR APPROPRIATE IN YOUR JURISDICTION. BPP IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS.

WE DO NOT WARRANT, ENDORSE, OR GUARANTEE ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY THIRD-PARTY WEBSITE, THIRD-PARTY CONTENT, THIRD PARTY ACCOUNT PROVIDER, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OFFICERS, LICENSORS, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, COST OF SUBSTITUTE SERVICE, OR OTHER DAMAGES UNDER ANY THEORY, WHETER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICES, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY, (6) ANY SUBMISSIONS PROVIDED BY YOU OR ANY OTHER USER, (7) THE ACTIONS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY USERS, AND/OR (8) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT INDEPENDENTLY VERIFY THE IDENTITY, QUALIFICATIONS, OR BACKGROUND OF ANY USER. WE DISCLAIM ANY LIABILITY FOR THE ACTIONS, INACTION, OR DECISIONS OF ANY USER, INCLUDING BUT NOT LIMITED TO ANY USER’S NONCOMPLIANCE WITH ANY FAIR HOUSING, ANTI-DISCRIMINATION, PRIVACY, DATA SECURITY, OR OTHER APPLICABLE LAW.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO REPAIR OR REPLACEMENT OF THE SERVICES WITH CONFORMING SERVICES. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, and all of our respective officers, directors, licensors, affiliates, agents, partners, and employees, suppliers and any third-party information providers to the Services harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) your Submissions; (ii) your use of the Site and Services; (iii) any violation of these Terms of Use, including, without limitation, a breach of your representations and warranties; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; (v) unauthorized use of your Account or unauthorized disclosure of your Account password; or (vi) your violation of any applicable law, rule, or regulation. Notwithstanding the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site and Services, as well as data relating to your use of the Site or Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site or Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

22. DIGITAL MILENNIUM COPYRIGHT ACT

We comply with the applicable provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512, as amended). If you believe any information posted on our Site or contained in the Services violates your copyright rights, send a notice to our Designated Agent at the address provided below.

(b)            Takedown Notices. Any notice alleging that materials hosted by or distributed through the Site or the Service infringe copyright rights must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

(c)             Counter Notices. If material that you have posted to the Site has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed below that includes the following: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which BPP may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

(d)            Repeat Infringers. It is our policy to terminate in appropriate circumstances accounts that are repeat infringers or repeatedly violate these Terms of Use.

(e)             Designated Agent. Notices described above should be send to our Designated Agent at:

Marinda Neumann
Neumann & Associates
Attn: BPP DMCA Agent
591 Camino de la Reina, Suite 730
San Diego, CA 92108
Marinda<at>neumannbusinesslaw.com

23. ELECTRONIC SIGNATURE

You acknowledge and understand that the affirmative act of using the Site or Services or clicking to accept these Terms of Use constitutes your electronic signature to these Terms of Use, and such electronic signature creates a legally binding agreement. You acknowledge other legal documents available through the Site and/or Services may be executed electronically, and you consent to providing said electronic signature and agree to be bound by the terms and conditions of such documents.

24. CALIFORNIA USERS AND RESIDENTS

Pursuant to California Civil Code Section 1789.3, we are obligated to provide the following notice to California Users: If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. MISCELLANEOUS

These Terms of Use, the Privacy Policy, and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. You cannot assign any of your rights or obligations without our prior written consent. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including without limitation strikes, riots, changes in laws or regulations, unavailability of power or telecommunication lines, epidemics, pandemics, quarantine, acts of war, terrorism, fire flood, or natural disasters. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site or Services. All provisions of these Terms of Use which by their nature should survive termination will survive termination of this agreement, including without limitation provisions relating to proprietary rights, indemnification, and limitation of liability. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. These Terms of Use can only be amended by us in writing.

26. CONTACT US

If you have any questions or suggestions regarding these Terms of Use, please contact us at:

legal@brokerpublicportal.com