TERMS


Xantus Real Estate Marketing Terms of Use

Welcome to www.xant.us (the “Site”), a website operated by Site Transition.
(“company”, “Site Transition”, “we”, “us”, or “our”). We provide our users (collectively, “you” or
“your”) with resources and information about our products and services (collectively, the
“Services”). The following terms and conditions (the “Terms of Service”) form a binding agreement
between you and us. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE SITE AND USING
THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS SITE OR SERVICES.

2. WEBSITE CONTENT. The materials, information and content made available or displayed on the Site or
sent to you through the Services, and any derivative works thereof, whether made by us or you,
(collectively, “Content”) are proprietary to us or our licensors and should be considered our
confidential information. Subject to these Terms of Service and any Additional Terms, we hereby
grant you a limited, non-exclusive, non-transferable license to view, use, download and print the
Content solely for your personal, informational, non-commercial and internal review and solely in
accordance with these Terms of Service. You may not: (i) use the Content or any part thereof to
develop products or technologies similar to the products of Site Transition; (ii) reproduce, republish,
modify or alter the Content; (iii) distribute or sell, rent, lease, license or otherwise make the
Content available to others; or (iv) otherwise remove any text, copyright or other proprietary
notices contained in the Content. Any copy of the Content or portion thereof must include all
copyright notices, information, and restrictions contained in, or attached to, any of the Content,
and you must abide by the foregoing notices and restrictions. To request certain Content, you may be
required to provide us with your contact information, including your email address. We may, in our
sole discretion, then send you such Content in a format we determine in our sole discretion. You
agree to only provide us with true, accurate, current and complete information in such request. We
reserve the right to reject your request and refuse to send you our Content. We are not responsible
to ensure, and disclaim any responsibility for your ability to open, use or view the Content we send
you pursuant to your request. As between you and us, we retain all right, title and interest in and
to the Content, and all related intellectual property rights. We reserve all rights not granted in
these Terms of Service. You will immediately notify us in the event of any loss or unauthorized
disclosure of any Content. Upon our written request, or your termination of these Terms of Service,
you must promptly delete or destroy all documents and other tangible materials representing any
Content and all copies thereof.

3. OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems
used to provide the Site or Services (“Our Technology”) are: (i) copyrighted by us and/or our
licensors under United States and international copyright laws; (ii) subject to other intellectual
property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may
not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or
redistributed in any way without our prior written permission and the prior written permission of
our applicable licensors. You must abide by all copyright notices, information, and restrictions
contained in or attached to any of Our Technology. Nothing in these Terms of Service grants you any
right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except
as generally and ordinarily permitted through the Site according to these Terms of Service.
Furthermore, nothing in these Terms of Service will be deemed to grant, by implication, estoppel or
otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed
on the Site or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”)
of Site Transition or other entities. You are not authorized to use any such Marks. Ownership of all
such Marks and the goodwill associated therewith remains with us or those other entities. Any use of
third party software provided in connection with the Site or Services will be governed by such third
parties’ licenses and not by these Terms of Service.

4. GENERAL RULES OF USER CONDUCT. It is our goal to make access to our Site and Services a good
experience for all of our users. You agree not to, and represent and warrant that you will not,
reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the
Site or Services or access to the Site or Services for any purposes other than for which the Site or
Services are being provided to you, or do any of the following: • Conduct or promote any illegal
activities while using the Site or Services; • Upload, distribute or print anything that may be
harmful to minors; • Violate the rights of any third party, including any intellectual property
rights; • Attempt to reverse engineer or jeopardize the correct functioning of the Site, or
otherwise attempt to derive the source code of the software (including the tools, methods,
processes, and infrastructure) that enables or underlies the Site; • Attempt to gain access to
secured portions of the Site or Services to which you do not possess access rights; • Upload or
transmit any form of virus, worm, Trojan horse, or other malicious code; • Use the Site or Services
to generate unsolicited email advertisements or spam; • Use the Site or Services to stalk, harass or
harm another individual; • Use any high volume automatic, electronic or manual process to access,
search or harvest information from the Site or Services (including without limitation robots,
spiders or scripts); • Interfere in any way with the proper functioning of the Site and Services or
interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any
requirements, procedures, policies or regulations of networks connected to the Site or Services; •
Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,”
monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any
such web page for commercial use without our prior express written permission; • Impersonate any
person or entity, or otherwise misrepresent your affiliation with a person or entity; or Mirror or
frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display
of its pages. You may be able to post your ideas, comments or content to the Site, including a
response to one of our blogs. When doing so You represent and warrant that You will not post or use
any content that: • Infringes the copyright, trademark, trade secret, or other intellectual property
or proprietary right of others; • Violates the privacy, publicity, or other rights of third parties
or any other law, statute, ordinance or regulation; • Is false or inaccurate or becomes false or
inaccurate at any time; • Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory,
harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or
racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole
discretion; • Misrepresents the source of the Content; • Discloses or provides information protected
under any law, agreement or fiduciary relationship, including but not limited to proprietary or
confidential information of others, insider information or material, non-public information; •
Misrepresents Your identity in any way; • Contains any viruses, Trojan horses, spyware, malware,
worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to
damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or
personal information; • Advocates or encourages any illegal activity; or • Has the potential to
create liability for us or cause us to violate the requirements of or to lose the services, in whole
or in part, of our Internet service providers or other suppliers.

5. DON’T BE OFFENDED. Though we strive to enforce the rules above, You may be exposed through the
Site to Content that violates our policies or is otherwise offensive. You access the Site at Your
own risk. We may, but are not obligated to, remove Content from the Site for any reason, including
if we determine or suspect that such Content violates these Terms of Use.

6. MODIFICATIONS TO TERMS. We may change the terms of these Terms of Service from time to time on a
going-forward basis. We will notify you of any such material changes by posting notice of the
changes on the Site, and/or, in our sole discretion, by email. Any such modifications become
effective upon the earlier to occur of: (i) your acknowledgement of such modifications; or (ii) your
continued access to and/or use of the Site or Services after we post notice of such modifications.
It is your sole responsibility to check the Site from time to time to view any such changes to the
terms in the Terms of Service. If you do not agree to any changes, if and when such changes may be
made to the Terms of Service, you must cease access to the Site and use of the Services.

7. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or
Services with or without notice to you. We will not be liable to you or any third party should we
exercise our right to modify or discontinue the Site and/or Services. If you object to any such
changes, your sole recourse will be to cease access to the Site or Services. Continued access to the
Site or Services following notice of any such changes will indicate your acknowledgement of such
changes and satisfaction with the Site or Services as so modified. You agree that we may immediately
terminate your access to the Site and Services at any time, for any reason, in our sole discretion.
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO
THE SITE OR SERVICES.

8. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements
or other feedback related to nakedconversations.org, the Site or the Services (collectively
“Feedback”), you agree we may use the Feedback to modify our products and services and that you will
not be due any compensation, including any royalty related to the product or service that
incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual,
irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import,
sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or
technology, whether now known or hereafter developed, and to allow others to do the same. This is
true whether you provide the Feedback on the Site or through any other method of communication with
us, unless we have entered into a separate agreement with you that provides otherwise.

9. PRIVACY. We know that your privacy is important. For this reason, we have created a privacy
policy [https://www.xant.us/privacy] that describes our collection, use and disclosure
practices regarding any personal information that you provide to us. The security of your personal
information is important to us. While there is no such thing as “perfect security” on the Internet,
we will take reasonable steps to help ensure the safety of your personal information. However, you
understand and agree that such steps do not guarantee that the Site and the Services are
invulnerable to all security breaches or immune from viruses, security threats or other
vulnerabilities.

10. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES IS AT
YOUR
SOLE RISK. THE CONTENT, SITE AND SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,
NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM
INTEGRATION. WE MAKE NO WARRANTY THAT THE CONTENT, SITE, AND/OR SERVICES WILL MEET YOUR
REQUIREMENTS, OR THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, SITE
OR SERVICES, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE
THAT ANY CONTENT OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR INFORMATION. NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US THROUGH THE SITE, SERVICES, OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

11. NOT A POLITICALLY AFFILIATED SITE. Nakedconversations.org IS NOT INTENDED TO INFLUENCE POLITICAL
OPINION OR ACTION. Site Transition IS NOT OWNED OR OPERATED BY ANYONE WITH AN AFFILIATION TO A
POLITICAL PARTY. WE ARE NOT LIABLE FOR ANY ACTION YOU TAKE OR FAIL TO TAKE BASED UPON INFORMATION
YOU RECEIVED THROUGH THE SITE AND SPECIFICALLY WE ARE NOT LIABLE FOR ANY LOSSES YOU SUFFER AS A
RESULT OF ANY SUCH ACTION OR INACTION.

12. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO
THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND
TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL
WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR
BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY) ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE
INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE
BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF
ANY USER OF THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO
YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO
ONE DOLLAR (U.S. $1.00). 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 that we may not, as a
matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration
of such warranty and the extent of our liability will be the minimum permitted under such applicable
law. Without limiting the foregoing, under no circumstances WILL WE or our licensors be held liable
for any delay or failure in performance resulting directly or indirectly from acts of nature,
forces, or causes beyond our reasonable control, including, without limitation, Internet failures,
computer equipment failures, telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties.

13. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Site Transition, our parents,
subsidiaries, affiliates, officers, directors, co-branders and other partners, employees,
consultants and agents, from and against any and all third-party claims, liabilities, damages,
losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such
parties may incur as a result of or arising from: (i) your use of the Content, Site, or Services;
(ii) your violation of these Terms of Service, (iii) your violation of any rights of any other
person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar
harmful or deleterious programming routines input by you into the Site or Services.

14. Third Party Content and Other Websites. Content from advertisers and other third parties may be
made available to you through the Site AND/OR THE SERVICES. Because WE DO NOT control such content,
you agree that we ARE NOT responsible for any such content. WE DO NOT MAKE ANY guarantees about the
accuracy, currency, suitability, or quality of the information in such content, and we assume no
responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made
available by other users, advertisers, and other third parties OR VIOLATION OF ANY THIRD PARTY
RIGHTS RELATED TO SUCH CONTENT. The Site and Services may contain links to websites not operated by
US. We are not responsible for the content, products, materials, or practices (including privacy
practices) of such websites. You understand that by using the Site and/or Services you may be
exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We
make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility
for, the quality, content, nature or reliability of third party websites, products or services
accessible by hyperlink OR OTHERWISE from the Site or Services. We provide these links for your
convenience only and we do not control such websites. Our inclusion of links to such websites does
not imply any endorsement of the materials on such third party websites or any association with
their operators. The Site and Services may contain links to websites THAT ARE operated by US BUT
WHICH OPERATE UNDER DIFFERENT TERMS OF SERVICE. It is your responsibility to review the privacy
policies and Terms of Service of any other website you visit. You agree that in no event will we be
liable to you in connection with any websites, content, products, materials, or practices of any
third party.

15. Electronic Communications. We can only give you the benefits of our service by conducting
business through the Internet, and therefore we need you to consent to our giving you Communications
electronically. This Section 12 informs you of your rights when receiving Communications from us
electronically. For contractual purposes, you: (i) consent to receive Communications from us in an
electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents,
disclosures, and other communications (“Communications”) that we provide to you electronically
satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your
consent to receive Communications and do business electronically, and our agreement to do so,
applies to all of your interactions and transactions with us. The foregoing does not affect your
non-waivable rights. You may also receive a copy of these Terms of Service by accessing this Site.
You may withdraw your consent to receive Communications electronically by contacting us in the
manner described below. If you withdraw your consent, from that time forward, you must stop using
the Site and Services. The withdrawal of your consent will not affect the legal validity and
enforceability of any obligations or any electronic Communications provided or business transacted
between us prior to the time you withdraw your consent. Please keep us informed of any changes in
your email or mailing address so that you continue to receive all Communications without
interruption.

16. COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask You to do the
same. If You believe that Your work has been copied in a way that constitutes copyright
infringement, please provide our copyright agent the following information: • An electronic or
physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that You claim has been infringed; • A description of where
the material that You claim is infringing is located on the Site or Services; • Your address,
telephone number, and email address; • A statement by You that You have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; and • A statement by
You, made under penalty of perjury, that the above information in Your notice is accurate and that
You are the copyright owner or are authorized to act on the copyright owner’s behalf. Our copyright
agent for notice of claims of copyright infringement on the Site or the Services can be reached by
email at: copyright “at” Site Transition “dot” com.

17. General Terms. You are responsible for compliance with all applicable laws. The Terms of Service
and the relationship between you and Site Transition will be governed by the laws of the State of New
York, without giving effect to any choice of laws principles that would require the application of
the laws of a different country or state. Any legal action, suit or proceeding arising out of or
relating to the Terms of Service, or your use of the Site or Services must be instituted exclusively
in the federal or state courts located in New York City, New York and in no other jurisdiction. You
further consent to exclusive personal jurisdiction and venue in, and agree to service of process
issued or authorized by, any such court. These Terms of Service are personal to you, and you may not
transfer, assign or delegate your right and/or duties under these Terms of Service to anyone else
and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder
to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The
paragraph headings in these Terms of Service, shown in boldface type, are included only to help make
these Terms of Service easier to read and have no binding effect. Any delay or failure by us to
exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of
such right or provision. No waiver by us will have effect unless such waiver is set forth in
writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any
subsequent breach or default. These Terms of Service constitute the complete and exclusive agreement
between you and us with respect to the subject matter hereof, and supersedes all prior oral or
written understandings, communications or agreements. If for any reason a court of competent
jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable,
that provision of the Terms of Service will be enforced to the maximum extent permissible so as to
effect the intent of the parties, and the remainder of these Terms of Service will continue in full
force and effect.

18. SURVIVAL. Sections 1, 2, 3, 6 and 8 through 17, as well as any other limitations on liability
explicitly set forth herein and our proprietary rights in and to the Site, Content, Our Technology
and the Services, will survive the expiration or termination of these Terms of Service for any
reason.

19. NOTICE; VIOLATIONS. We may give notice to you by email, a posting on the Site, or other
reasonable means. You must give notice to us in writing via email to your_team “at” Site Transition
“dot” com
or as otherwise expressly provided. Please report any violations of these Terms of Service to your_team
“at” Site Transition “dot” com.

LAST UPDATED August 2nd, 2017