Terms of Use

Welcome and thank you for your interest in Ten Ridge Realty, LLC ("Ten Ridge", "we", "us" or "our")! Scope This Terms of Use Agreement ("Terms of Use", and together with any applicable Supplemental Terms (as defined in Section 1.4 (Supplemental Terms)), the "Agreement") describes the terms and conditions that apply to your use of (1) the website located at tenridgerealty.com and its related subdomains (collectively, the "Website"), and (2) the services, content, and other resources available on or enabled via the Website, including our property listing pages, market and parcel information, and the inquiry and contact forms through which you can reach us (collectively, with the Website and the content and services enabled thereby, the "Service"). APPLICATION OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE SERVICE AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICE. BY ACCESSING OR USING THE SERVICE IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING ON ANY "I ACCEPT" BUTTON, SUBMITTING AN INQUIRY THROUGH THE SERVICE, OR BROWSING THE WEBSITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TEN RIDGE, (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF AN ENTITY, ON BEHALF OF THAT ENTITY. IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO "YOU" OR "YOUR" IN THIS AGREEMENT WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE. No Brokerage Relationship USING THE SERVICE DOES NOT MAKE YOU A CLIENT OF TEN RIDGE AND DOES NOT CREATE A BROKERAGE, AGENCY, FIDUCIARY OR TRANSACTION-BROKERAGE RELATIONSHIP BETWEEN YOU AND TEN RIDGE. A BROKERAGE RELATIONSHIP IS CREATED ONLY BY A SEPARATE WRITTEN AGREEMENT SIGNED BY YOU AND TEN RIDGE, AS REQUIRED BY COLORADO LAW. UNTIL THEN, ANY INFORMATION YOU SEND US THROUGH THE SERVICE IS NOT CONFIDENTIAL AND TEN RIDGE OWES YOU NO DUTY OF CONFIDENTIALITY, LOYALTY OR ADVICE. NOTHING ON THE SERVICE IS LEGAL, TAX, FINANCIAL, APPRAISAL, SURVEY, ENGINEERING OR INVESTMENT ADVICE, AND YOU SHOULD RETAIN YOUR OWN PROFESSIONALS. Arbitration Terms SECTION 15 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND TEN RIDGE. AMONG OTHER THINGS, SECTION 15 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 15 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 15 (ARBITRATION AGREEMENT) CAREFULLY. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 15.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. Text Messages PLEASE NOTE THAT IF YOU OPT IN TO OBTAIN TEXT MESSAGES FROM TEN RIDGE OR OTHERWISE INTERACT WITH THE SERVICE VIA TEXT MESSAGE, SECTION 1.6 (TEXT MESSAGE SERVICES) OF THIS AGREEMENT BELOW CONTAINS TERMS RELATED TO OUR TEXT MESSAGE SERVICES. Updates The Agreement IS subject to change by Ten Ridge in its sole discretion at any time AS SET FORTH IN SECTION 16.6 (Agreement Updates). When changes are made, Ten Ridge will make a new copy of these Terms of Use and/or Supplemental Terms, as applicable, available on the Service, and we will also update the "Last Updated" date at the top of this Agreement. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately upon posting. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE. 1. USE OF THE SERVICE. The Service and the information and content available on the Service are protected by applicable intellectual property (including copyright) laws. Unless subject to a separate license agreement between you and Ten Ridge, your right to access and use the Service, in whole or in part, is subject to this Agreement. 1.1 Property Listings and Property Information. The Service displays properties that Ten Ridge or others have offered for sale or lease ("Listings"), together with parcel, ownership, zoning, utility, market and other information about land and improvements ("Property Information"). (a) Deemed reliable but not guaranteed. All Listings and Property Information are provided for general informational purposes only. They are drawn from sources including county assessor and recorder records, multiple listing services, third-party data providers, property owners and their representatives, and our own research. Such information is deemed reliable but is NOT guaranteed, and it is not verified by Ten Ridge. Acreage, boundaries, dimensions, square footage, zoning and entitlement status, water rights, mineral rights, access, easements, utility availability, taxes, permitted uses, and price and lease terms are all subject to error, omission, change, prior sale or lease, or withdrawal without notice. Maps, parcel outlines, aerial imagery, renderings and site plans shown on the Service are illustrative only and are not a survey. (b) Your own diligence. You are solely responsible for undertaking your own diligence with respect to any property you learn about through the Service, including retaining your own surveyor, title company, appraiser, engineer, inspector, attorney and tax advisor, and independently confirming any fact that matters to your decision. Ten Ridge does not guarantee the existence, condition, quality, safety, legality or value of any property offered via the Service; the truth or accuracy of any Listing or Property Information; or the integrity, responsibility, or any actions of any user of the Service or of any party to a transaction. (c) No offer. Nothing on the Service is an offer to sell or lease, or a solicitation of an offer to buy or lease, any property or security, in any jurisdiction in which such an offer or solicitation would be unlawful. Any transaction is subject to a separate written agreement signed by the parties to it. (d) Fair housing and equal opportunity. Ten Ridge is committed to the letter and the spirit of United States policy for the achievement of equal housing opportunity, and to compliance with all applicable fair housing and human rights legislation. We support a world in which there are no barriers to obtaining housing because of race, color, religion, sex, sexual orientation, gender identity or expression, disability, familial status, national origin, or any other legally protected group or status. You acknowledge and agree that it is a breach of this Agreement to use the Service to seek, promote or facilitate any discriminatory outcome, or to solicit from us any information that would steer a transaction on the basis of a protected characteristic. 1.2 Automated and AI-Assisted Tools. Portions of our business use automated analysis, machine learning and generative artificial intelligence tools (including tools made available by third parties, "AI Tools") to research parcels and ownership, summarize records, and prepare marketing and correspondence. Where the Service presents output produced or assisted by such tools ("Output"), you acknowledge and agree that: (a) Inaccuracy and incompleteness. AI Tools draw on information that may be inaccurate, incomplete or out of date, and can produce output that is wrong while appearing confident. Output is provided "as is" and with all faults, and Ten Ridge makes no representations or warranties of any kind with respect to its accuracy, completeness, truthfulness, timeliness or suitability. (b) Not advice and not an agreement. Output is not legal, tax, financial, appraisal or investment advice, is not a substitute for your own diligence under Section 1.1(b), and cannot form, vary or accept any contract. Only a written agreement signed by the parties can do that. (c) Your responsibility. YOU, AND NOT TEN RIDGE, ARE SOLELY RESPONSIBLE FOR ANY CONDUCT YOU ENGAGE IN AS A RESULT OF INFORMATION PROVIDED BY ANY AI TOOL, AND YOU AGREE THAT TEN RIDGE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AI TOOL PROVIDING INACCURATE OR INAPPROPRIATE INFORMATION TO YOU. 1.3 Permitted Use. Subject to your compliance with this Agreement, Ten Ridge grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Service for your own personal, non-commercial use in evaluating a potential real estate transaction with or through Ten Ridge. 1.4 Supplemental Terms. Your use of, and participation in, certain features and functionality of the Service may be subject to additional terms ("Supplemental Terms"). Such Supplemental Terms will either be set forth in the applicable supplemental Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service. 1.5 Changes to the Service. You understand that the Service is evolving. You acknowledge and agree that Ten Ridge may add, change, suspend or remove any part of the Service, including any Listing, with or without notifying you. Any future release, update or other addition to the Service shall be subject to this Agreement. 1.6. Text Message Services. Ten Ridge may offer one or more mobile message programs (collectively, the "Message Service") that allows users to receive SMS/MMS mobile messages by opting in such as through online enrollment forms, by giving your number to one of our brokers, or by texting us first. Regardless of the opt-in method you use to enroll, you agree that your use of the Message Service is governed by this Agreement. We do not charge for the Message Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you. Message and data rates may apply. By enrolling a telephone number in the Message Service, you authorize us to send recurring SMS and MMS mobile messages to the number you specify, and you represent that you are authorized to receive mobile messages at such number. The messages sent through the Message Service are responses to your inquiries and operational or customer-care messages concerning properties, showings and your use of the Service. You agree that these messages may be transmitted using an automatic telephone dialing system ("ATDS"), other automated systems for the selection or dialing of telephone numbers, or different technology. Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchasing any property, goods or services. While you consent to receive messages sent using an ATDS, the foregoing shall not be interpreted to suggest or imply that any or all of our messages are sent using such a system. Message frequency varies. If you do not wish to continue participating in a Message Service program we offer, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message you receive from that program to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that we and our service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those keyword commands set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. To the extent you subscribe to more than one Message Service program that we operate, you must unsubscribe from each program separately. For Message Service support or assistance, text the HELP keyword in response to any message you receive through the Message Service or email us at hello@tenridgerealty.com. Please note that the use of this email address is not an acceptable method of opting out of Message Service. Opt outs must be submitted in accordance with the procedures set forth above. We may change any short code or telephone number we use to operate the Message Service at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we are not responsible for honoring requests made in such messages. The Message Service may not be available in all areas or supported by all carriers or all devices. Check with your carrier for details. Delivery of mobile messages is subject to effective transmission from your wireless carrier/network operator and is outside of our control. We and the wireless carriers supported by the Message Service are not liable for any failed, delayed or undelivered messages. If you decide to change your mobile phone number, you agree to first opt out of each Message Service program in which your number is enrolled. For clarity, you acknowledge and agree that any disputes between you and us related to the Message Service will be governed by Section 15 (Arbitration Agreement). 1.7 Necessary Equipment and Software. You must provide all devices and other equipment or software necessary to access or use the Service. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service. 2. INQUIRIES AND INFORMATION YOU SUBMIT. 2.1. Accurate Information. When you submit an inquiry or any other information through the Service, you shall provide true, accurate, current, and complete information about yourself and your interest, and promptly update it to keep it true, accurate, current, and complete. You agree not to submit an inquiry using a false identity or on behalf of someone other than yourself or an entity you are authorized to represent. 2.2. Contact by Us. By submitting your contact details through the Service, you agree that Ten Ridge and its brokers may contact you about your inquiry and about properties and services that may be of interest, by email, telephone and - subject to Section 1.6 - text message. You may opt out at any time as described in our Privacy Policy. 2.3. Information About Others. If you provide us the contact details of another person, you represent that you have that person's permission to do so. 2.4. Privacy. Our collection and use of personal information in connection with the Service is described in our Privacy Policy, available at tenridgerealty.com/privacy. 3. Content 3.1. Types of Content. Subject to your compliance with this Agreement, you may share or submit information, data, text, photographs, graphics, video, messages and/or other materials ("Content") through the Service, including by way of your inquiries, comments, questions, and other input ("Input"). You, and not Ten Ridge, are entirely responsible for all Input that you upload, share, post, email, transmit or otherwise make available through or to the Service. When you make available any Input on or to the Service, you represent that you own and/or have sufficient rights to use such Input in connection with the Service, including to grant the license set forth in Section 3.3 (License to Your Content). If you do not have such rights in any Content, such as messages from a third party or a third party's contact information, you agree that you will not make such Content available through the Service as Input. 3.2. Ownership of Content. Ten Ridge does not claim ownership of your Input ("Your Content"). Subject to Section 3.3 (License to Your Content), as between Ten Ridge and you, you are the owner of all right, title and interest in Your Content. 3.3. License to Your Content. You grant Ten Ridge a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicensees) right (including any moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Service to you and to our other users, responding to and servicing your inquiry, marketing a property you have asked us to market, developing and improving our products and services, and complying with our legal and record-keeping obligations. 3.4. Storage. Unless expressly agreed to by Ten Ridge in writing elsewhere, Ten Ridge has no obligation to store any of Your Content. Ten Ridge has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service. 4. Ownership 4.1. The Service. Except with respect to Your Content, you agree that Ten Ridge and its suppliers or licensors own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, artwork, photography, mapping, animations, sounds, methods of operation, moral rights, documentation, and software) and all improvements, enhancements and updates made thereto. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. Listings, Property Information, photography and other content displayed on the Service, including content derived from one or more multiple listing services, are protected by United States and international copyright laws, are the property of Ten Ridge or its licensors, and may not be reproduced, redistributed or used to create derivative works without the prior written permission of the copyright owner. 4.2. Trademarks. "Ten Ridge", "Ten Ridge Realty" and all related stylizations, graphics, logos, service marks and trade names used on or with the Service are the trademarks of Ten Ridge and may not be used without permission in connection with your, or any third party's, products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners. 4.3. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Ten Ridge through its suggestion, feedback, or similar pages ("Feedback") is at your own risk and that Ten Ridge has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Ten Ridge a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, for any purpose. 5. USER CONDUCT AND CERTAIN RESTRICTIONS. As a condition of use, you agree not to use the Service for any purpose that is prohibited by this Agreement or applicable law. You shall not (and shall not permit any third party to): (1) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Service or any portion of the Service, including by republishing our Listings, Property Information, photography or mapping on any other site or service; (2) frame or utilize framing techniques to enclose any trademark or logo located on the Service or any other portion of the Service (including images, text, page layout or form); (3) use any metatags or other "hidden text" using Ten Ridge's name or trademarks; (4) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service except to the extent the foregoing restrictions are expressly prohibited by applicable law; (5) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to "scrape", harvest, or download data from any web pages contained in the Service, or otherwise engage in the bulk or systematic extraction of Content or data from the Service (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (6) remove or destroy any copyright notices or other proprietary markings contained on or in the Service; (7) impersonate any person or entity, including any employee, broker or representative of Ten Ridge; (8) use the Service or any contact information obtained through it to send unsolicited commercial messages, to solicit our clients or the owners of properties we market, or in violation of any anti-spam or telemarketing law; (9) interfere with or attempt to interfere with the proper functioning of the Service or use the Service in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features of the Service, introducing viruses, worms, or similar harmful code into the Service, or interfering or attempting to interfere with use of the Service by any other user, host, or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" the Service; or (10) use, or permit any third party to use, any Listings, Property Information, photography or other Content or data obtained from the Service, including any data derived from one or more multiple listing services, in connection with any artificial intelligence, machine learning or similar automated tool, including without limitation to train, fine-tune, align, distill or otherwise develop or improve any such tool or model, or to create vector embeddings, retrieval indices, knowledge graphs or other persistent representations of such data, except as expressly authorized by Ten Ridge in writing. The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this section. Any unauthorized use of the Service terminates the licenses granted by Ten Ridge pursuant to this Agreement. 6. INVESTIGATIONS, MONITORING, & NO OBLIGATION TO PRE-SCREEN CONTENT. Ten Ridge may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Service and/or Content, including Your Content, at any time. 6.1 Without limiting the foregoing, Ten Ridge reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, discriminates against any person or groups of persons, or could create liability for Ten Ridge; (c) disclose your identity or other information about you to any third party who claims that material submitted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Service; and/or (e) terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of this Agreement. 6.2 If Ten Ridge believes that criminal activity has occurred, Ten Ridge reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Service, including Your Content, in Ten Ridge's possession in connection with your use of the Service, to (a) comply with applicable laws, legal process or governmental request, (b) enforce this Agreement, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property, or personal safety of Ten Ridge, its users or the public, as Ten Ridge in its sole discretion believes to be necessary or appropriate. 7. THIRD-PARTY SERVICES. 7.1 Third-Party Services. The Service may use and/or contain links to third-party websites, applications, services (including without limitation mapping providers, listing portals, multiple listing services, analytics providers and AI Tools), and ads (collectively, the "Third-Party Services"). Such Third-Party Services are not under the control of Ten Ridge. Ten Ridge is not responsible for any Third-Party Services. When you use a Third-Party Service, you become subject to the terms and conditions (including privacy policies) of another website or destination. Ten Ridge does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Service, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 7.2 Sharing Your Content Through Third-Party Services. Ten Ridge may provide tools through the Service that enable you to share information, including Your Content, with Third-Party Services, including through our implementation of third-party buttons (such as "share" buttons). By using one of these tools, you agree that Ten Ridge may transfer that information to the applicable Third-Party Service. Ten Ridge is not responsible for any Third-Party Service's use of your shared information. 8. Fees Ten Ridge does not charge for access to or use of the Service, but it reserves the right to charge fees in connection with some or all of the Service in the future ("Fees"). Brokerage commissions and any other compensation payable in connection with a real estate transaction are governed solely by a separate written agreement, and nothing on the Service sets, offers or guarantees any commission or fee. 9. Indemnification You shall indemnify and hold Ten Ridge, its parents, subsidiaries, affiliates, officers, employees, brokers, agents, partners, suppliers, and licensors (each, a "Ten Ridge Party" and collectively, the "Ten Ridge Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (1) Your Content; (2) your use of, or inability to use, the Service; (3) your violation of this Agreement, including without limitation your violation of Section 5 (User Conduct and Certain Restrictions); (4) your violation of any rights of another party, including your use of any Input that infringes a third party's proprietary rights; (5) any damage or harm caused by you to any property, including during a showing or site visit; or (6) your violation of any applicable laws, rules or regulations. Ten Ridge reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ten Ridge in asserting any available defenses. This provision does not require you to indemnify any of the Ten Ridge Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Service provided hereunder. You agree that the provisions in this section will survive any termination of this Agreement and/or your access to the Service. 10. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE TEN RIDGE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE OR YOUR CONTENT. THE TEN RIDGE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (i) THE SERVICE, ANY LISTING, ANY PROPERTY INFORMATION, OR ANY OUTPUT WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE OUTPUT, ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. WITHOUT LIMITING THE FOREGOING, ALL LISTINGS AND PROPERTY INFORMATION ARE DEEMED RELIABLE BUT ARE NOT GUARANTEED AND ARE SUBJECT TO ERRORS, OMISSIONS, CHANGE OF PRICE OR TERMS, PRIOR SALE OR LEASE, OR WITHDRAWAL WITHOUT NOTICE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. 10.2. No Liability for Conduct of Third Parties. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION PROPERTY OWNERS, BUYERS, SELLERS, LANDLORDS, TENANTS, OTHER BROKERAGES, AND SERVICE PROVIDERS. YOU ACKNOWLEDGE AND AGREE THAT THE TEN RIDGE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE TEN RIDGE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU UNDERSTAND THAT TEN RIDGE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. 10.3. Artificial Intelligence. LAWS AND REGULATIONS GOVERNING USE OF GENERATIVE ARTIFICIAL INTELLIGENCE ARE RAPIDLY EVOLVING, AND TEN RIDGE DOES NOT GUARANTEE THAT YOUR USE OF THE SERVICE OR ANY OUTPUT WILL COMPLY WITH APPLICABLE LAWS AND REGULATIONS OR THAT FUTURE LAWS AND REGULATIONS WILL NOT IMPACT YOUR USE THEREOF. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICE AND ANY OUTPUT COMPLIES WITH ALL APPLICABLE LAWS. 11. Limitation of Liability 11.1. Disclaimer of Certain Damages YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE TEN RIDGE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES, IN EACH CASE WHETHER OR NOT ANY TEN RIDGE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, INCLUDING TO THE EXTENT RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICE; (b) ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A TEN RIDGE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A TEN RIDGE PARTY'S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A TEN RIDGE PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION. 11.2. Cap on Liability TO THE FULLEST EXTENT PERMITTED BY LAW, THE TEN RIDGE PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO TEN RIDGE BY YOU FOR USE OF THE SERVICE DURING THE THREE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A TEN RIDGE PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A TEN RIDGE PARTY'S NEGLIGENCE; OR (ii) ANY INJURY CAUSED BY A TEN RIDGE PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION. FOR CLARITY, THIS SECTION LIMITS LIABILITY ARISING FROM YOUR USE OF THE SERVICE AND DOES NOT LIMIT ANY OBLIGATION TEN RIDGE OWES YOU UNDER A SEPARATE SIGNED BROKERAGE OR TRANSACTION AGREEMENT. 11.3. Content - Ten Ridge assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Content. 11.4. Exclusion of Damages - Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights. 11.5. Basis of the Bargain - The limitations of damages set forth above are fundamental elements of the basis of the bargain between Ten Ridge and you. 12. Procedure for Making Claims of Intellectual Property Right Infringement Contact information for Ten Ridge's designated agent for notice of claims of infringement is as follows: Ten Ridge Realty, LLC, ATTN: Legal, 14478 E I-25 Frontage Rd, Mead, CO 80504, hello@tenridgerealty.com. 13. Term and Termination The term of this Agreement commences when you first access the Service and continues while you use the Service. Ten Ridge reserves the right to terminate or suspend your access at any time, with or without cause and with or without notice. You may terminate by ceasing all use of the Service. All provisions which by their nature should survive will survive termination, including Sections 3.3, 4, 9, 10, 11, 15 and 16. 14. International Users The Service is controlled and offered from the United States, and the properties we market are located in the United States. Ten Ridge makes no representations that the Service is appropriate for use in other locations. 15. Arbitration Agreement This section contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Please read it carefully. Except for (a) individual claims properly brought in small claims court and (b) claims for injunctive relief to protect intellectual property rights, you and Ten Ridge agree that all disputes between you and Ten Ridge arising out of or relating to this Agreement or the Service shall be resolved by binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Weld County, Colorado, and that neither party may bring or participate in a class, collective or representative proceeding. 15.10 30-Day Right to Opt Out: you may opt out of this Section 15 by sending written notice within thirty (30) days of first accepting this Agreement to: Ten Ridge Realty, LLC, ATTN: Legal, 14478 E I-25 Frontage Rd, Mead, CO 80504. Opting out of this Section 15 does not affect any other part of this Agreement. Any dispute arising under a separate signed brokerage or purchase agreement is governed by the dispute resolution provisions of that agreement, not this Section 15. 16. General Provisions 16.1. Electronic Communications. You consent to receive communications from us electronically, and agree that electronic communications satisfy any legal requirement that such communications be in writing. 16.2. Assignment. You may not assign this Agreement without our prior written consent; we may assign it freely. 16.3. Force Majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control. 16.4. Questions. hello@tenridgerealty.com 16.5. Regulatory Complaints. Ten Ridge Realty, LLC is a real estate brokerage licensed in the State of Colorado. Complaints concerning licensed real estate activity may be directed to the Colorado Division of Real Estate. 16.6. Agreement Updates. As described under "Updates" above. 16.7. Exclusive Venue. Subject to Section 15, the state and federal courts located in Weld County, Colorado. 16.8. Governing Law. The laws of the State of Colorado, without regard to its conflict of laws rules. 16.9. English. This Agreement is drafted in English, and the English version controls. 16.10. Notice. Ten Ridge Realty, LLC, ATTN: Legal, 14478 E I-25 Frontage Rd, Mead, CO 80504. 16.11. Waiver. No waiver of any term is a further or continuing waiver of that term or any other term. 16.12. Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect. 17. Export Control You may not use, export, import, or transfer the Service except as authorized by U.S. law. The Service may not be exported to embargoed countries or to persons on restricted lists. You represent that you are not located in an embargoed country and are not on any prohibited list. 18. Entire Agreement This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. It does not supersede any separate signed brokerage, listing, purchase or lease agreement between you and Ten Ridge, which controls as to its own subject matter.