All real estate investments involve different degrees of risk and are not suitable for all investors. You and/or any third party should be acutely aware of your financial status and risk tolerance level at all times. Www.listingnest.com and Starboard Realty make no representations or warranties with respect to the accuracy or completeness of the information provided and specifically disclaims all warranties, including without limitation warranties of merchantability or fitness for a particular purpose. You should consult with a professional where appropriate. Www.listingnest.com and Starboard Realty shall not be liable for any loss of profits or any damages, including but not limited to special, incidental, consequential, or other damages to you or any third party.

Ownership of Intellectual Property

• Copy, reproduce, modify, use, republish, upload, post, publish, license, create derivative works from, transmit or distribute in any way material from the Web Site without express written permission;

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

• upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;

• upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the Rights or have the permission of the owner to post such Content;

• upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.

• download any file posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner;

• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;

• restrict or inhibit any other user from using and enjoying Site services;

• use services for any illegal or unauthorized purpose;

• interfere with or disrupt services or servers or networks connected to Site Owners services, or disobey any requirements, procedures, policies or regulations of networks connected to Site Owners services;

• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of services or collect information about users for any unauthorized purpose;

• submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Site Owner;

• create user accounts by automated means or under false or fraudulent pretenses;

• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or

• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

• Redeliver, transfer, or sell any information, software, lists of users, databases or other lists, products, or services provided through or obtained from the Web Sites. This includes among other activities, using “framing, scraping, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information and includes any of the pages, text, images or other content of this Web Site technology without express written permission.

• Soliciting any of the individuals or companies listed on this web site for purposes of selling products or services is prohibited.

• International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

Web Site Security

You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. The Site Owner will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

DISCLAIMER OF WARRANTY

THE WEB SITES ARE PROVIDED “AS-IS” AND “WITH ALL FAULTS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The SITE OWNER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEB SITES, INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED BY USING THE WEB SITES. THE COMPANY DOES NOT WARRANT THAT THE WEB SITES ARE FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.

THE SITE OWNER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SITE OWNER, Web Site SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY

SITE OWNER SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THEISWEB SITES. USE OF THIS WEB SITES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF WWW.listingnest.COM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THIS WEBSITE.

Indemnity

You will indemnify, defend and hold harmless Site and its officers, directors, employees and agents (each, an “Indemnified Party”) from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively, “Damages”) incurred by any Indemnified Party arising out of, in connection with or resulting from (i) your use of the Web Sites or (ii) your breach of this Agreement.

Privacy Policy

In this Privacy Statement, “we”, “our” and “us” refers to www.listingnest.com and its related and associated bodies corporate. This Privacy Statement, describes how we manage, and handle the personal information provided by you, through our website, www.listingnest.com. (Website). Through your use of our Website, you accept this Privacy Statement and expressly consent to our collection, use and disclosure of your personal information. This Privacy Statement incorporates the National Privacy Principles (NPPs) contained in the Privacy Act 1988 (Cth) (Privacy Act), and we acknowledge that we are obligated to comply with these laws.

What information do we collect?

‘Personal information’ is information or an opinion relating to an individual which can be used to identify that individual. We will only collect your personal information in accordance with the NPPs by lawful, and fair means without unreasonable intrusiveness, and only where necessary for activities related to the provision of our services to you. We may collect and store information which is entered by you or imported on your instruction in our financial information software. This information is required in order for us to provide you with our services. Wherever it is lawful and practicable, you have the option of not identifying yourself when entering into transactions with us. However, to do so may affect our ability to provide our services to you. When you visit our Website, we may automatically collect information about you, including details of access, IP addresses, web statistics and other information which is required to ensure that the site is functioning properly.

Do we use cookies?

Cookies, are small files that a site or its service provider transfers to your computer’s hard drive through your web browser which enables our site to recognize your browser and remember certain information. We use cookies to keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. You should be able to configure your computer so that it disables cookies or does not accept them. For example, some third party vendors including Google, use cookies to deliver advertisements based on your prior visits to their website. You have the option to opt out of Google’s use of cookies by visiting the Google advertising opt out page at www.google.com/privacy_ads.html.

We are using cookies on our website to retarget visitors from our site. This means we use non-personally identifiable information to tag and track your computer. If you would like opt – out of this you can do so by visiting your Google Ad settings.

Use and Disclosure

We will only use and disclose your personal information for the primary purpose for which it was collected, and for reasonably expected secondary purposes.