These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Nusun Properties (as defined below) governing your access to and use of the Nusun Properties website, including any subdomains thereof, and any other websites through which Nusun Properties makes the Services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Services”). The Site, Application and Services together are hereinafter collectively referred to as the “Site.”

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Site, you agree to comply with and be bound by these Terms.

Please note: Section 4 of these Terms of Service contains an arbitration clause and class action waiver that applies to any and all visitors or users of the Site (collectively “Users”). If you reside in the United States, this provision applies to all disputes with Nusun Properties. If you reside outside of the United States, this provision applies to any action you bring against Nusun Properties in the United States. It affects how disputes with Nusun Properties are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

When these Terms mention “Nusun Properties,” “Nusun,“ “we,” “us,” or “our,” it refers to Nusun Properties LLC and the company you are contracting within this Agreement.

1. Scope of services

1.1 The Site is an online contact medium and knowledge base for Nusun Properties and our services, which enables Users to be contacted or contact Nusun about our real estate transaction products or services, and related products and services offered.

1.2 If you choose to use the Site as a User, your relationship with Nusun is limited to being an independent user, and not an employee, agent, joint venturer or partner of Nusun for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Nusun.

1.3 The Site may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Nusun is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Nusun of such Third-Party Services.

1.4 Due to the nature of the Internet, Nusun cannot guarantee the continuous and uninterrupted availability and accessibility of the Site. Nusun may restrict the availability of the Site or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Site. Nusun may improve, enhance and modify the Site and introduce new Services from time to time.

2. Eligibility, Using the Site, User Verification

2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Site. By accessing or using the Site you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

3. Modification of These Terms

Nusun reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Site.

4. Dispute Resolution

4.1 NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. YOU AND NUSUN ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. FURTHER, UNLESS YOU AND NUSUN BOTH OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS PARAGRAPH IS HELD UNENFORCEABLE WITH RESPECT TO ANY DISPUTE, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT WILL BE DEEMED VOID WITH RESPECT TO SUCH DISPUTE.

5. Telephone Contract and Recording Policy

5.1 By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receive communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number, about any product or services offered by Nusun Properties. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider. You understand that you need not provide this consent as a condition of obtaining goods or services from Nusun, and that you may decline to provide or revoke your consent at any time by emailing info@nusunprop.com or by any other method that reasonably ensures we receive your revocation.

5.2 By providing us with a telephone number, you agree that Nusun Properties may record any telephone conversation with you (or any another individual) during any telephone call to or from that number for training purposes, whether or not the call was initiated by you, and whether or Nusun Properties disclosed the fact that the call was recorded during the call.