Terms of Service

The Services are a data information service for the collection and depository of information and data relating to real estate and real estate transaction (collectively, "Property Data"). Such data may originate from you, other users of the Services, or from other third-party sources. Among other features, the Services may compile, structure, normalize, validate, and aggregate property datasets into derivative formats, including but not limited to digital twins, 2D and 3D property models, calculated measurements, room hierarchies, metadata, analytics, and risk indicators (collectively, the "Compiled Property Data").

The Services do not constitute an appraisal, survey, property condition report, zoning report, or any other professional diligence report concerning any subject property.

You assume all risk relative to the quality, accuracy, adequacy, completeness, correctness and validity of any such Property Data, Compiled Property Data, or other information submitted by or through the Services by users or any third party, including to the extent such data or information is incorporated or used to generate professional diligence reports concerning any property. ClearBox is not responsible for, and disclaims any and all liability related to, any and all property diligence reports or other transactions made or facilitated through the Services. Property Data and Compiled Data provided through or used to generate the Services is primarily user generated, and ClearBox does not control or vet Property Data or Compiled Property Data for accuracy.

In accessing or utilizing the Services and in uploading or otherwise providing Property Data to the Services, you agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, including without limitation those related to data privacy, international communications, and the transmission of technical or personal data, as well as any and all applicable laws and regulations relating to the settlement and closing of real estate transactions. In uploading or otherwise providing Property Data to the Services, you represent, warrant, covenant, and agree that you have obtained and maintain all consents, agreements, and permissions from property owners or other third parties required in order to upload or provide such Property Data to the Services. ClearBox makes no representations or warranties about the legality or propriety of the use of the Services, Property Data, or Compiled Property Data in any geographic area.

You are responsible for your use of the Services, and for any use of the Services made using your account. When you use the Services, you shall not:

• violate any law or regulation;
• violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;
• use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others, without their permission;
• transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• transmit any malicious code or computer viruses;
• stalk, harass, or harm another individual;
• impersonate or misrepresent your affiliation with someone else;
• use any means to "scrape," "crawl," or "spider" any web pages contained in the Services;
• use automated methods to use the Services in a manner that sends more requests to the ClearBox servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, malicious code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
• use, display, mirror, or frame the Services or any individual element within the Services, ClearBox's name, any ClearBox trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without ClearBox's express written consent;
• access, tamper with, or use non-public areas of the Services, ClearBox's computer systems, or the technical delivery systems of ClearBox's providers;
• attempt to probe, scan, or test the vulnerability of any ClearBox system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ClearBox or any of ClearBox's providers or any other third party (including another user) to protect the Services;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

ClearBox may investigate and prosecute violations of any of the above to the fullest extent of the law. ClearBox may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that ClearBox has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. ClearBox reserves the right, at any time and without prior notice, to remove or disable access to any content on the Services that ClearBox, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services.

We own or license the content on the Services, including software, text, visual, and audio content (collectively, the "Content") and ClearBox's trademarks, logos, and brand elements (collectively, the "Marks"). The Content and Marks are protected under U.S. and international laws. We reserve all rights not expressly granted to you.

Without limiting the generality of the foregoing, you acknowledge and agree that:

• ClearBox owns the selection, coordination, structure, and organization of the Compiled Property Data.
• The Digital Twin tool available through the Services and all derivative representations of a property created by the Services are works authored by ClearBox and are owned by ClearBox.
• To the extent provided for under the terms of an applicable Order, you receive a limited, non-exclusive, revocable license to access and use authorized outputs from the Services for permitted professional or transactional purposes.
• ClearBox may retain, reuse, aggregate, analyze, and enhance Compiled Property Data across properties and time for validation, compliance, analytics, and product development, subject to applicable privacy laws.
• No ownership, resale, or independent commercialization rights are transferred to you with respect to the Services or any Compiled Property Data unless expressly set forth in an Order or granted in writing by ClearBox.

ClearBox respects your privacy. Please read our Privacy Policy to learn how we collect, use, and disclose information about you. All users granted access to an account will have access to the personal information contained within that account, including the care recipient's data.

When you register as a user on the Services, you must establish a username and password for access to your account and create a personal profile. You may only use this account personally and may not share the account with anyone else. You agree to keep your contact and billing information (including, but not limited to, your email address) up-to-date and to comply with all billing procedures, including providing and maintaining accurate, truthful and lawful billing, credit card and profile information for active accounts.

You will be solely responsible for all acts or omissions that occur under your account. You agree that if you provide your ClearBox account login information to someone or allow others to use the Services, you will be held responsible for all activity on the Services, whether such activity is undertaken by you or someone else.

You are responsible for ensuring the confidentiality and security of your username and password and agree not to disclose them to any other person. It is your sole responsibility to control the use of your username and password and promptly inform us if you believe your account or password has been compromised. We cannot and do not assume any responsibility or liability for any information you submit or your or any third parties' use or misuse of information transmitted or received using the Services.

The Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of ClearBox, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations found on or through the Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that ClearBox is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Certain aspects of the Services ("Paid Services") may be subject to additional charges ("Service Fees"), as set forth in any Additional Terms, online order on our website, or other order form agreement that may be in place between you and ClearBox (in each case, an "Order").

Paid Services shall be billed as described in your Order. All Service Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all taxes, levies, or duties associated with Paid Services that you order, purchase, or receive hereunder or under any Order, excluding only United States (federal or state) income taxes. All Service Fees and other amounts paid hereunder are paid in advance and are non-cancelable, and all amounts paid are nonrefundable.

When you sign up for the Paid Services, you consent and authorize us to automatically collect payments of all fees, charges, and taxes associated with use of the Paid Services as set forth in your Order from your designated payment method associated with your account until your Order is complete or is cancelled. You agree to provide us with accurate and complete payment information and promptly notify us of any changes to your payment information. If you make changes to your payment information less than 24 hours before your next billing date, we may not be able to apply these changes to your next billing cycle. You can make changes to your payment information via your account on https://boxli.ai or by contacting Customer Support.

ClearBox provides numerous service options. Certain service options may be provided free of charge, while other options require subscription payments before they can be accessed ("Subscriptions"). ClearBox may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. ClearBox is not responsible for the products and services provided by such third parties. From time to time, ClearBox may offer trials of its paid Subscriptions for a specified period without payment or at a reduced rate. The term of a Subscription shall be set forth in the applicable Order. If your Subscription is monthly, your Subscription will be valid for a period of a month and will automatically renew until cancelled by you. If your Subscription is yearly, your Subscription will be valid for a period of one year and will automatically renew until cancelled by you. To find your recurring charge and the length of your renewal term, please login to your account or contact us directly.

Except as otherwise provided in your specific Order, we shall have the right to adjust our Service Fees, including Subscription fees, in accordance with our then-current pricing (each, a "Service Fee Adjustment"). We may implement any such Service Fee Adjustment by providing written notice to you at least thirty (30) days prior to the Service Fee Adjustment taking effect.

In addition to any other rights available to it at law or equity, we reserve the right to terminate or suspend your access to the Service, if your account for Paid Services becomes delinquent. Delinquent amounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including our attorneys' fees, regardless of whether or not suit is brought. Any checks returned for insufficient funds are subject to a return charge to be assessed in accordance with our then-current payment terms, in which case your account will immediately be considered to be in default until full payment is received. You will continue to be charged for amounts owed hereunder during any period of payment delinquency.

Our Services may include the verification of identification, employment, and education, a criminal background check, and other verification and diligence services with respect to certain vendor services (collectively, "Background Checks").

All Background Checks require payment of a separate fee, and are subject to the consent of the individual on whom the check is being performed. Each Background Check may be regulated by the Fair Credit Reporting Act ("FCRA"), and the background reports resulting from these services are considered "consumer reports" under FCRA. The results of any Background Check may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. You are responsible for making sure that the email address you provide to ClearBox is correct, knowing that Background Check results and other sensitive information will be sent to it.

If you authorize a Background Check in response to a request by a user that is considering hiring or engaging you as a vendor, we will provide both you and the prospective customer who ordered the Background Check with the ability to retrieve the report from the consumer reporting agency that performed the Background Check.

THE RESULTS OF ANY BACKGROUND CHECK ORDERED PURSUANT TO YOUR WRITTEN AUTHORIZATION WILL BE SHARED DIRECTLY WITH REQUESTING PROSPECTIVE CUSTOMER REGARDLESS OF ITS CONTENTS.

If you are a vendor seeking to be hired or engaged through the Services and you have ordered a Background Check from a third-party consumer reporting agency through the Services, we may indicate in your profile that you have completed that check. However, we will not share the results with any other site visitor or user (including prospective customers) without your specific authorization.

Please BE CAREFUL when ordering your Background Check and ensure all the information you enter is accurate. It is your responsibility to enter correct information. If you have a common name it is not unusual for your background check to show information that belongs to another individual with the same or similar name. If you are anyone other than the named individual on the background check order, you may be violating FCRA. Background Checks are not subject to a refund, even when generated based on incorrect information.

The use of any Background Check reports obtained through the Services is governed by the FCRA and certain state and local laws. If you order or request access to a background check on a prospective vendor, you are considered an end user of the Background Check report, and you hereby certify and agree that you will comply with the FCRA and any applicable state laws and other legal obligations. If there is negative data in a check you receive, and you choose to take "adverse action" (i.e., if you choose to pass on that vendor engagement) on the basis of this negative data, you hereby agree to take certain procedural steps as required under the FCRA and other applicable laws. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject's right to contest the accuracy or completeness of the report.

By registering for and using the Services as a vendor seeking customer engagements, and subject to your authorization, you acknowledge and agree that ClearBox may review and use any Background Checks you have ordered or authorized about yourself for the purpose of protecting the safety and integrity of our Services and its users. ClearBox reserves the right to terminate your access to the Services based on the information contained in such report, even if such information was subsequently dismissed. If ClearBox terminates your access to the Services on the basis of information in a Background Check, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it.

BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU AS A VENDOR SEEKING ENGAGEMENT, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW CLEARBOX TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE THE SERVICES.

YOU HEREBY REPRESENT, UNDERSTAND AND EXPRESSLY AGREE THAT CLEARBOX DOES NOT HAVE CONTROL OVER OR ASSUME ANY RESPONSIBILITY FOR THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION INCLUDED IN THESE BACKGROUND CHECKS. FURTHERMORE, ANY INACCURACIES IN THE REPORT MUST BE ADDRESSED WITH THE CONSUMER REPORTING AGENCY THAT ISSUED IT AND NOT CLEARBOX.

SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: CRIMINAL COUNTY SEARCHES CONDUCTED IN MASSACHUSETTS AND NEW HAMPSHIRE AS PART OF ANY BACKGROUND CHECKS (FOR INDIVIDUALS WHO ARE BELIEVED TO HAVE LIVED IN ONE OR BOTH OF THESE STATES DURING THE SEVEN YEARS PRECEDING THE BACKGROUND CHECK REQUEST) SEARCH ONLY THE SUPERIOR COURT AND A SINGLE DISTRICT COURT IN THE COUNTY SEAT OR ITS EQUIVALENT FOR EACH COUNTY LISTED BELOW. CRIMINAL RECORDS (INCLUDING MISDEMEANORS AND FELONIES) FROM OTHER COURTS IN THESE STATES WILL NOT BE SEARCHED.

This is an illustrative, non-comprehensive, list of certain state and county limitations of the Background Checks offered through the Services; additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records).

In addition to legal and reporting system limitations of Background Checks, each Background Check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive Background Check offered may not disclose the existence of all criminal records in all jurisdictions.

If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless ClearBox and its affiliates, officers, directors, managers, shareholders, members, employees, and agents from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.

You expressly acknowledge that ClearBox has no obligation to perform Background Checks on any users. To the extent ClearBox performs such checks on certain users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.

Except as otherwise provided in your Order, you can cancel any Subscription at any time through your online account at https://boxli.ai or through our customer service line. We reserve the right to terminate any Subscription you purchased from us at our discretion at any time, in accordance with these Terms.

If you cancel before the prepaid monthly or other Subscription period, you will not be able to receive a refund for the unused portion of any month or other applicable Subscription period.

Upon termination or expiration of your Subscription, your right to access and use the Services covered under such Subscription will automatically and immediately cease. We will be entitled to any compensation or other amounts earned with respect to the Services, as well as any interest, late charges, or other amounts owed, through the effective date of termination or expiration. Neither party shall be liable to the other for damages of any kind, including incidental or consequential damages, on account of the rightful termination or natural expiration of any Services plan. Upon termination or expiration of any Subscription for any reason, any fees or other charges paid by you in advance for the unused portion of the Subscription are deemed fully-earned and non-refundable, and will not be returned.

The Services may contain links to other websites, or allow others to send you such links. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

The Services are intended for use within the United States and we make no claims that the Services are appropriate to be downloaded and/or used outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You may not use the Services in or for the benefit of, export, or re-export (a) to any U.S. embargoed countries (collectively, the "Embargoed Countries") or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, "Restricted Party Lists"). You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists.

We reserve the right not to provide the Services to any user. We also reserve the right to terminate any user's right to access the Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Services automatically terminates.

YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLEARBOX AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). CLEARBOX DOES NOT GUARANTEE THAT (A) THE PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, OR (B) THE SERVICES WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS.

IN PARTICULAR, CLEARBOX AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF PROPERTY DATA, COMPILED PROPERTY DATA, OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SERVICES. CLEARBOX AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) YOUR FAILURE TO OBTAIN CONSENTS, AGREEMENTS, OR PERMISSIONS REQUIRED TO UPLOAD OR PROVIDED PROPERTY DATA TO THE SERVICES; (B) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PROPERTY DATA, OR COMPILED PROPERTY DATA; (C) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS OR USE OF THE SERVICES; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (E) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (F) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SERVICES; OR (G) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICES.

CLEARBOX DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM ERROR OR WILL BE AVAILABLE 24 HOURS PER DAY, SEVEN DAYS PER WEEK, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICES, PROPERTY DATA, OR COMPILED PROPERTY DATA, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE. CLEARBOX MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES, PROPERTY DATA, OR COMPILED PROPERTY DATA IN ANY GEOGRAPHIC AREA.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. YOU ACKNOWLEDGE THAT CLEARBOX DOES NOT CONTROL THE TRANSFER OF DATA OVER THE INTERNET, AND THAT THE SERVICES WILL BE SUBJECT TO LIMITATIONS INHERENT IN THE USE OF THE INTERNET. CLEARBOX IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM LIMITATIONS INHERENT IN THE USE OF THE INTERNET.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLEARBOX OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CLEARBOX NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent ClearBox may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of ClearBox's liability will be the minimum permitted under such law.

You agree to indemnify, defend, and hold ClearBox, its Affiliates, and their respective officers, directors, employees, agents, and personnel harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) the failure to obtain the consent or permission of the property owner or any other person to post or transmit any Property Data or other data or information on the Services; (b) any Property Data or other information that you or anyone using your account submit, post, or transmit on or through the Services; (c) the use of the Services by you, anyone accessing or using your account; (d) the violation of these Terms by you or anyone accessing or using your account; or (e) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. ClearBox reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with ClearBox in such defense.

Any and all comments, questions or concerns about the Services can be addressed and sent to us via certified mail to: 136 4th St N, St Petersburg, FL 33701. California users may also 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., Sacramento, CA 95834 or by phone at (800) 952-5210.

If you are using an iOS or Google Android version of one of our mobile applications ("App"), this section also applies to you. Apple and Google are not parties to these Terms. They:

• do not own and are not responsible for the App;
• do not provide any warranty for the App; and
• are not responsible for maintenance or other support services for the App and are not responsible for any claims, losses, liabilities, damages, costs, or expenses with respect to the App, including, without limitation, any third-party claims (including intellectual property claims), product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirements, claims arising under consumer protection, privacy or similar legislation, or claims relating to intellectual property infringement.

We grant you a nonexclusive, non-transferable, limited, and revocable-at-any-time license to access and use the App in accordance with the Apple Media Terms of Service, Google Play Terms of Service, and other applicable terms—as updated from time to time. Apple, Google, and their subsidiaries are third party beneficiaries of these Terms. ClearBox may enter into, rescind, or terminate these Terms, vary them, waive them, or settle under these Terms without the consent of any third party. You are responsible for complying with applicable third-party agreements. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you believe in good faith that materials hosted by us on our website or on the Services infringe your copyright, you or your agent may send us a written notice that includes:

• Clear identification of the copyrighted work you claim was infringed;
• Clear identification of the material you claim is infringing on the Sites, such as a link to the infringing material;
• Your address, email address, and telephone number;
• A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
• Your signature.

Send notices to:

ClearBox, LLC
Attn: Managers
136 4th St N
St Petersburg, FL 33701
Phone: 941.993.9738
Email: privacy@clearbox.com

(a) When you use the Services, you consent to communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You understand if you do not provide us with and maintain in your account profile, your current and active email address, we may not be able to contact you.

(b) Under no circumstances will ClearBox be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

(c) These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws rules or provisions.

(d) You agree that any action of whatever nature arising from or relating to these Terms or the Services will be filed only in the United States District Court for the Middle District of Florida or the state courts located in Sarasota County, Florida. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

(e) If there is a conflict between an oral or written representation made by ClearBox or any ClearBox employee or agent and these Terms, these Terms will prevail. If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

(f) The failure of ClearBox to enforce any right or provision of these Terms will not prevent ClearBox from enforcing such right or provision in the future.

(g) Headings in the Terms are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.

(h) We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets, or by operation of law. These Terms and the rights and obligations hereunder, may not be transferred, delegated or assigned by you without the prior written consent of ClearBox.

(i) The language in these Terms shall be construed as to its fair meaning and not strictly for or against either party. The headings in these Terms are meant for convenience only, and shall not be deemed to affect the meaning or construction of any of the Terms.

(j) No provision of these Terms shall be interpreted to conflict with the intent of the parties that their legal status with respect to these Terms and the Services being provided hereunder shall at all times be that of independent contractors, and not as employees, partners, or joint venturers.

We may change these Terms from time to time. If we change these Terms, we will inform you by posting the revised Terms on the Services. Those changes will go into effect on the "Revised" date shown in the revised Terms. By continuing to access or use the Services, you agree to the revised Terms. To the extent that any such modification or update to these Terms is ineffective or invalid for any reason, then the prior version of the Terms will remain valid and in effect.