A. GENERAL TERMS 1. AGREEMENT
Online Services Terms
This Agreement describes the terms governing your use of the Freedom Appraise (FA) services provided to you, including content, updates and new releases, (collectively, the "Services"). It includes by reference:
FA's Privacy Statement provided to you in the Services available on the website or provided to you
otherwise.
Additional Terms and Conditions, which may include those from third parties.
Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms,
etc.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by FA. FA reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, FA grants to you a personal, limited, nonexclusive, nontransferable right and license to use the
Services.
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will
not:
Use FA services for more than one appraiser per subscription.
Provide access to or give any part of the Services to any third party.
Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
Make the Services available on any file‐sharing or application hosting service.
3. YOUR PERSONAL INFORMATION. You can view FA's Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable FA Privacy Statement, and any changes published by FA. You agree that FA may use and maintain your data according to the FA Privacy Statement, as part of the Services. You give FA permission to combine identifiable and non‐identifiable information you enter or upload to the FA Peer Database with that of other users of the FA Peer Database and/or other FA services. For example, this means that FA may use yours and other users' non‐ identifiable, aggregated data to improve the Services or the FA Peer
Database.
4. CONTENT
4.1 You are responsible for your content. You are responsible for all materials, data, and personal information ("Content") uploaded, posted or stored through your use of the Services. You are responsible for any lost or unrecoverable Content. FA is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
a. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
b. Content that would impersonate someone else or falsely represent you identity or qualifications, or that constitutes a breach of any individual's privacy;
c. Virus, trojan horse, worm or other disruptive or harmful software or data; and
d. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights
owner.
4.2 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public ("Community Forum"). FA does not support and is not responsible for the content in these Community Forums. Please use respect when you interact with other users in a Community Forum. Do not reveal confidential or other information that you do not want to make public. users may post hypertext links to content of third parties for which FA is not
responsible.
4.3 FA may freely use feedback you provide. You agree that FA may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant FA a perpetual, worldwide, fully transferable, sub‐licensable, non‐

revocable, fully paid‐up, royalty free license to use the feedback you provide to FA in any way.
4.4 FA may monitor your Content. FA may, but has no obligation to, monitor content on the Services. FA may disclose any information necessary to satisfy FA legal obligations, protect FA or its customers, or operate the Services properly. FA, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this
Agreement.
5. ADDITIONAL TERMS
5.1 FA does not give professional advice. Unless specifically included with the Services, FA is not in the business of providing appraisal or other professional services or advice. Consult the services of a competent professional when you need this type of
assistance.
5.2 FA may tell you about other FA services. You may be offered other services, products, or promotions by FA ("FA Services"). Additional terms and conditions and fees may apply. With some FA Services you may upload or enter data you’re your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant FA permission to use information about your business and experience to help FA to provide the FA Services to you and to enhance the Services. You grant FA permission to combine your comparable sales data with that of others in a way that does not identify you or any individual personally. You also grant FA permission to share or publish summary results relating to comparable data to other FA
users.
5.3 Communications. FA may be required by law to send you communications about the Services or third party products. You agree that FA may send these communications to you via email or by posting them on FA
websites.
5.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact FA if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these
updates.
6. DISCLAIMER OF WARRANTIES
6.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FA, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON‐INTERFERENCE WITH OR NON‐INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED

TO THE SERVICES. FA AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRAGES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
6.2 FA, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
7. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF FA, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, FA, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRAGES, SPYWARE, LOSS OF BAGINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET FA SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF FA AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF FA, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS
USE.
You agree to indemnify and hold FA and its affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). FA reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by FA in the defense of any
Claims.
8. CHANGES. FA reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on FA website for the Services or when FA notify you by other means. FA may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the
changes.
9. TERMINATION. FA may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect FA's rights to any payments due to it. FA may terminate a free account at any time. Sections 2.2, 3 through 12 will survive and remain in effect even if the Agreement is
terminated.

10. GOVERNING LAW. Texas state law governs this Agreement without regard to its conflicts of laws provisions.
11. DISPUTES. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Texas law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND FA ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS‐WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE
RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Freedom Appraise., in care of Appraiser Genie, LLC registered agent, 6174 Peppergrass Ln., Abilene, TX 79606. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1‐800‐778‐7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, FA will pay them for you. In addition, FA will reimburse all such fees and costs for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, FA will not seek its attorneys' fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 11 shall survive expiration, termination or rescission of this
Agreement.
12. GENERAL. This Agreement, including the Additional Terms below, is the entire agreement between you and FA and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement to anyone without written approval of FA. However, FA may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by FA or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact FA via an email
to: [email protected]

B. ADDITIONAL TERMS AND CONDITIONS FOR APPRAISER GENIE SERVICES
YOUR use of the following Services provided by FA are subject to the General Terms of Service above and these Additional Terms and Conditions. These Additional Terms and Conditions will prevail over any conflict or inconsistency with the General Terms of
Service.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorized representative, in which case the terms "you" or "your" will refer to such entity and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorized
representative.
1. SERVICES. Each of the following products and services are referred to in this Agreement as a "Service" and together as the
"Services":
1.1. Freedom Peer Database. Freedom Peer Database ("FPD") is an online solution for appraisers whereby appraisers send information about the properties used in their reports to be used in comparison with what other appraisers report about the same property. You hereby give your permission to access your comparable database and share that information with
FPD.
1.2. Modification to Services. FA have the right, in FA sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, FA will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator's (as defined below) email address. In the event FA need to maintain the security of the system or comply with any laws or regulations, FA reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. YOUR continued use of the Services will constitute your acceptance of and agreement to such
changes.
2. USERS.
2.1. Types of Users. The Services allow the following types of access and user rights: When you initially register for and create an account for a Service, you are, or a party that you authorize is, the administrator ("Administrator"). Administrators may authorize additional individuals to access the Services through the same account ("Additional users"). The number of Additional users may be limited based upon the subscription you purchase. Additional users may include, for example, your employees, appraisers, contractors, agents, and clients. You may be referred to in this Agreement as "you”, "your”, or "user”, or you may be referred to specifically in your applicable role as an Additional user or an Administrator. All users will be required to accept this Agreement before accessing the Services. With

respect to FPD you access, you agree to these terms as an Administrator or an Additional user, as applicable. As any user of the Services, unless otherwise explicitly stated in this Agreement, all of these terms apply to you each time you access the
Services.
2.2. For Administrators. As an Administrator, the following applies to you: Only Administrators may designate another individual as a replacement Administrator. You agree that Additional users are FA customers, but that you are responsible for your Additional users’ access to the Services. Depending on the types of access rights you grant to Additional users, Additional users may be able to delete, copy, or view the Content and data accessible in your account and add charges to the subscription. As Administrator, you are responsible for the access to the Services you grant to Additional users. If you choose to close or terminate your access to a Service, Additional users will no longer be able to access such Service or any of the Content within such Service. You agree to provide sufficient notice to Additional users of yours desire to terminate access to the Services before taking such actions. A violation of any terms of this Agreement by an Additional user may result in the termination of an Administrator’s or any Additional user’s access to the
Services.
2.3. For Additional users. As an Additional user, the following applies to you: When you register to access an account for which you are not an Administrator, you understand that you are accessing the Service as an Additional user and you may not have the same level of access or the same rights as an Administrator. Depending on the types of rights you are granted by the Administrator, you may be able to delete, copy, or view other user’s Content and data. Please make sure that you have an agreement with the Administrator about your role and rights. If an Administrator chooses to close or terminate access to a Service, Additional users will no longer be able to access such Service or any of the Content within such Service. As an Additional user, you understand that if you violate this Agreement, your access to FA Services may be terminated, and FA retain the right to also terminate access for any other users of the same
account.
3. ACCOUNT FEATURES.
3.1. Trial Version. If you registered for a trial use of the Services, you will have access to the Services for the specified period of the trial ("Trial Period"). You must decide to purchase a license to the Services within the Trial Period in order to retain access to any Content or data provided or created during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, you will not be able to access or retrieve any of the data or Content you added to or created with the Services during the trial.
3.2. Beta Features. From time to time, FA may include new or updated beta features in the Services ("Beta Features"). Beta Features may have associated fees, which will be disclosed to you at the time you choose to use the Beta Features. FA understand that your use of any Beta Feature is voluntary. You understand that once you use a Beta Feature, you may be unable to revert back to a prior non‐beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the prior non‐beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and

agree that all use of any Beta Feature is at your sole risk.

4. DATA.
4.1. Personal Data. If you are providing data to FA that is not owned by you, you agree that you have either provided the owner of such personal data notice or received permission from the owner of such personal data, as required by applicable law, for FA to:
(a) use or disclose the data in accordance with FA Privacy Policy,
(b) otherwise use and disclose the data in accordance with this Agreement. You acknowledge and agree that FA may provide data in your account to any Additional users to which that data is applicable or personal
to.
5. OTHER PRODUCTS AND SERVICES
5.1. Third Party Products. By using these Services, you agree that FA may market to you or offer you access to products or services from third parties ("Third Party Products"). If you decide to use or access any Third Party Products, you agree that you are solely responsible for your relationship with the provider of the product. FA is not affiliated with Third Party Products and does not endorse or recommend any Third Party Products. You agree that the providers of the Third Party Products, and not FA, are solely responsible for their own actions or inactions. FA is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products. You agree that you will (a) review and comply with all Third Party Product terms and conditions, and (b) not use the Third Party Product in any manner that would infringe or violate the rights of FA or any other party or in furtherance of criminal, fraudulent or other unlawful
activity.
5.2. Data Transfer Service.
a. FA will provide you with the opportunity to transfer your data and Content from the Services to certain supported Third Party Products or other online FA services (the "Ancillary Services") that you sign up for or use in connection with the Services (the "Data Transfer Service"). You may need to be an active subscriber of the Third Party Product or Ancillary Services to use the Data Transfer Service. In order to access a Third Party Product or an Ancillary Service on your behalf to provide the Data Transfer Service, you may need to provide FA with your account number, password, security questions and answers, and any other necessary log in information from time to time ("Login Details"). FA will maintain your Login Details in encrypted form, and will only use them in connection with the Data Transfer Service or otherwise at your direction. You hereby represent that you have the authority to provide the Login Details to FA and you expressly appoint FA as your, or the third party who owns the Login Details', agent with limited power of attorney to access any Third Party Products or Ancillary Services on your behalf. With respect to each Data Transfer Service, you grant FA the right to transfer data to the Third Party Product or Ancillary Service, and to reformat and manipulate the data as reasonably necessary for the data to function with such product or service. After the transfer occurs, the original data and Content will remain in the Services unless FA disclose to you
otherwise.
b. You agree that you will (a) review and comply with all Third Party Product or Ancillary Service terms and conditions before you access the Data Transfer Service, and (b) not use the Data Transfer Service in

any manner that would infringe or violate the rights of FA or any other party, or in furtherance of criminal, fraudulent or other unlawful activity. Depending on the Third Party Product or Ancillary Service you choose, you further agree and acknowledge that your data, including your financial or personal information, may be transferred through the Data Transfer Service to another country where security and privacy controls may not be adequate for data protection. FA do not guarantee that you will be able to use the Data Transfer Service with any specific products or services. You will only have access to the Data Transfer Services during the period for which you have paid for a subscription. Third Party Products may make changes to their websites, with or without notice to FA, that may prevent or delay the overall performance of the Data Transfer
Service.
5.3. Data Transfer Service.
a. FA will provide you with the opportunity to transfer certain data from a Third Party Product or an Ancillary Service to these Services (the "Data Receipt Service"). You may need to be an active subscriber of the Third Party Product or Ancillary Services to use the Data Receipt Service. In order to access a Third Party Product or an Ancillary Service on your behalf, you may need to provide FA with your Login Details. FA will maintain your Login Details in encrypted form, and will only use them in connection with the Data Receipt Service or otherwise at your direction. You hereby represent that you have the authority to provide the Login Details to FA and you expressly appoint FA as your, or the third party who owns the Login Details', agent with limited power of attorney to access any Third Party Products or Ancillary Services and retrieve data on your behalf. With respect to each Data Receipt Service, you grant FA the right to transfer data to the Services, and to reformat and manipulate your data as reasonably necessary for the data to function with the Services. After the transfer occurs, your original data and Content may not remain in the Third Party Product or the Ancillary Services; please review the terms of those products and services to
confirm.
b. You agree that you will (i) review and comply with all Third Party Product and Ancillary Service terms and conditions before you access the Data Receipt Services, and (ii) not use the Data Receipt Services in any manner that would infringe or violate the rights of FA or any other party, or in furtherance of criminal, fraudulent or other unlawful activity. In the event that any Third Party Product charges for access to data, you agree that you are responsible for any fees due and owing. You agree that the providers of the Third Party Products, and not FA, are solely responsible for their own actions or inactions. FA is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products.
c. FA does not guarantee that you will be able to use the Data Receipt Service with any specific products or services. You will only have access to the Data Receipt Services during the period for which you have paid for a subscription. Third Party Products may make changes to their websites, with or without notice to FA, that may prevent or delay aggregation of data or the overall performance of the Data Receipt Service. YAG most recent data from a Third Party Product or Ancillary Service may not always be available in the Services. Any data obtained through the Data Receipt Service will be made available in the Services, and will be subject to the terms and conditions of this Agreement, including FA Privacy Policy
5.4. Third Party Code. The Services use PDF technology ("Third Party Code"), which is subject to the following additional license terms. You agree that you (a) will use the Third Party Code only as an integral component of the Services; (b) will not use the Third Party Code for development, compilation,

debugging and similar design‐time purposes; (c) will not reverse‐compile or decompile, analyze, reverse‐ engineer, reverse‐assemble or disassemble, unlock or otherwise attempt to discover the source code or underlying algorithms of the Third Party Code or attempt to do any of the foregoing in relation to the object code of the Third Party Code; and (iv) will not modify, adapt, translate or create any derivative works of the Third Party Code or merge the Third Party Code into any other
software.
5.5. Service Providers. FA may use third parties in the operation of FA Services or to perform any of FA obligations in this Agreement (each a"Service Provider"). In order for FA Service Providers to be able to provide you with certain aspects of the Services, FA may share a limited amount of your data or Content with such Service Provider. FA agreements with Service Providers outline the appropriate use and handling of this information and prohibit the Service Provider from using any of your information for purposes unrelated to the
Services.
6. COMMUNICATION SERVICES. FA may provide you with the opportunity to communicate with other users within the Services, or with other third parties through the Services ("Communication Services"). You may choose whether or not you would like to use the Communication Services. You agree that you have received permission to communicate with any third parties who are not users through the Communication Services, and that such third parties have agreed to FA’s use and disclosure of data available in the Communication Services in accordance with this Agreement. Users who you communicate with may have access in the future to the data provided through the Communication Services, and you may not have the ability to restrict that access. FA’s systems may extract certain data (e.g., numbers, names, or attachments) from the Communication Services and provide it to you in other parts of the Services.