Terms and Conditions

My Learning Camp DBA ButterFlyLister.com, a Nevada-based  Corporation having a principal place of business at 1802 N Carson St. Suite 212-3061Carson City NV 89701 provides the services offered on the ButterFlyLister.com Web site (the "Services") to you, subject to and under the following Terms and Conditions (the "Terms" or the "Agreement"). YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES.

BY PURCHASING, USING, OR ENJOYING THE SERVICES ON BUTTERFLYLISTER.COM, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BY MODIFIED BY YOU. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM. In these Terms, "Web site" refers to ButterFlyLister.com. "You" refers to users of ButterFlyLister.com. "Customers" refers to users who purchase any product or Service on ButterFlyLister.com, including without limitation listing their properties on the Web site. The words "we," "us," and "our" refer to ButterFlyLister.com, the owner and operator of this Web site. You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms.

1. Access and Registration

If you open an Account at ButterFlyLister.com, you accept responsibility for all activities that occur under your Account or password, and agree not to sell, transfer or assign your Account or any Account rights. We reserve the right to terminate your Account if individuals from more than one household access ButterFlyLister.com using any single user name or password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others outside your household may not access ButterFlyLister.com using your name in whole or in part without our permission. If you believe someone has accessed ButterFlyLister.com using your user name and password without your authorization, e-mail us immediately at the address listed below.

You agree to pay all fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the time you register (or as soon thereafter as fees or charges are incurred) and are nonrefundable. You are responsible for all fees and charges incurred to access ButterFlyLister.com through an Internet access provider or other third party service. You agree that we may terminate your Account if it remains inactive for a period of one (1) year.

2. Customer Listing, Password, and Security

Customers may create a user name (your e-mail) and password. In addition, Customers that list their properties on ButterFlyLister.com as sellers are assigned a listing number that operates as a user name. Customers are responsible for maintaining the confidentiality of their user names, listing numbers, and passwords. You, as a Customer, are solely responsible for all activities that occur under your user name, listing number, and password. As a Customer, you agree to immediately notify us of any unauthorized use of your user name, listing number and/or password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME, LISTING NUMBER, AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. You, as Customer, agree that we may terminate your Account if it remains inactive for a period of one (1) year.

3. Customer Responsibilities

In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are solely responsible for all acts or omissions that occur under your listing number or password, including the accuracy and completeness of all content that you (or anyone using your Account) submit, post or transmit through the Services. You agree and acknowledge that your access to and/or use of the Services are for personal, NONCOMMERCIAL PURPOSES only. That is, you agree and acknowledge that your use of the Web site and Services is to advertise your own property or to find information related to the purchase or potential purchase by you of a home listed on ButterFlyLister.com, rather than as a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own. Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access or use the Services for any commercial purpose whatsoever. Other than providing links to virtual tours of your property, YOU MAY NOT INCLUDE A LINK TO ANY WEBSITE IN YOUR LISTING. IF YOU VIOLATE OR FAIL TO COMPLY WITH THIS SECTION 3, YOU AGREE TO COMPENSATE BUTTERFLYLISTER.COM FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $30,000.

4. Customer Responsibilities Concerning Property Listings

• Monthly Silver Plan. Any Customer who registers for the Monthly Plan is responsible for paying monthly subscription fees of $39 per month. Customers who choose the Monthly Plan will be automatically billed to their credit card every thirty days from the date the ad is placed (the "renewal date") until the user cancels the ad. Payment for a monthly listing shall be made by automatic credit card debit. Customers can cancel listings online, can send a cancellation request via e-mail at least five (5) business day prior to the renewal date to the e-mail listed below, or can call us at the number listed below. Direct all e-mail cancellation requests to support@ButterFlyLister.com. You must receive a confirmation from us, either via electronic mail or over the telephone, or your listing has not been canceled. If you have not received a confirmation, cancel your listing online. See Sub-section Q below for more information regarding how to cancel your listing.
• Until Sold Plan. Any Customer who registers for the Until Sold Plan will be billed a one-time flat fee of $99.00, which entitles the Customer to maintain the property listing until sold. Notwithstanding the foregoing, the Customer is responsible for periodically extending the listing if desired, notifying ButterFlyLister.com of the sale of the property, and then removing the listing from the Web site. We may charge the Customer a surcharge not to exceed $100.00 for the Customer's failure to properly remove the listing after the property is sold, thus requiring ButterFlyLister.com to remove the listing itself. Refer to Sub-Section N below for more information.
• Premium Until Sold Plan. Any Customer who registers for the Premium Until Sold Plan will be billed a one-time flat fee of $299.00, which entitles the Customer to maintain the property listing until sold with a virtual slide show and to access to our special toll free phone line for customer service help. The Customer will receive access to Guide to Buying and Selling a Property e-book. Notwithstanding the foregoing, the Customer is responsible for periodically extending the listing if desired, notifying ButterFlyLister.com of the sale of the property, and then removing the listing from the Web site. We may charge the Customer a surcharge not to exceed $100.00 for the Customer's failure to properly remove the listing after the property is sold, thus requiring ButterFlyLister.com to remove the listing itself. This Plan also provides that we will submit your property listing information to other/third-party Web sites for inclusion on those other/third-party Web sites.

• Featured property - Until Sold Plan. Any Customer who registers for the Featured Property - Until Sold Plan will be billed a one-time flat fee of $499.00, which entitles the Customer to maintain the property listing until sold with a virtual slide show, to access our special toll free phone line for customer service, and to be added to our featured Local Featured Property rotation for 28 days and the Home Page Featured property rotation for 14 days, and to upload a video into our on-line video service. The Customer will receive access to The Complete Guide to Buying and Selling a Property e-book Notwithstanding the foregoing, the Customer is responsible for periodically extending the listing if desired, notifying ButterFlyLister.com of the sale of the property, and then removing the listing from the Web site. We may charge the Customer a surcharge not to exceed $300.00 for the Customer's failure to properly remove the listing after the property is sold, thus requiring ButterFlyLister.com to remove the listing itself. This Plan also provides that we will submit your property listing information to other/third-party Web sites for inclusion on those other/third-party Web sites. The Local Featured Property and Home Page Featured Property rotate your property listing through the top section of the local search results page and home page, respectively, of ButterFlyLister.com at various times for 28 and 14 days, respectively. Because your property listing rotates with other Properties, the picture of your property listing will not be viewable all of the time. You are not entitled to a refund because your property listing was not displayed as a "Local Featured Property" or a Home Page Featured Property at a certain time.
• The Deluxe MLS Package. Any Customer who registers for the Deluxe MLS Package will be billed a one-time flat fee of $799.00, which (i) entitles the Customer to maintain the property listing until sold on the Web site (the "ButterFlyLister.com Web Site listing") and to access our special toll free Phone line and (ii) allows the Customer to have his property listed on an available local multiple listing service ("MLS") for six months accessible by real estate brokers/agents in the area (the "MLS Service"). (The MLS Service allows only one photo image of a property to be displayed.) If you register for the MLS Service, you acknowledge that the ButterFlyLister.com Web site listing and MLS Service/listing are activated separately. MLS listing applications must be submitted promptly after receipt by a Customer. ButterFlyLister.com is not a licensed real estate broker/agent and does not provide real estate brokerage services in connection with your property listings. Accordingly, all MLS listings are handled by an independent, local real estate broker/agent in your area who will contact you in order to contract with you separately, and that broker/agent will activate your MLS listing for you. The terms of any agreement between you and any independent real estate broker/agent are not endorsed, recommended or otherwise known to or by ButterFlyLister.com, Corp. All MLS listings require a buyer's agency commission if a real estate broker assists you in finding a buyer. Neither the Service nor these Terms are a solicitation for a listing broker if your property is already listed with a broker. Georgia residents may be subject to a 0.12% MLS surcharge at close of escrow. All Customers who purchase the Deluxe MLS Package are responsible for correctly completing all paperwork necessary and applicable to their local MLS prior to their ad becoming viewable in their local MLS. There may be a delay (usually 5 to 7 business days) in the activation of the MLS listing. Please consult the listing real estate broker/agent in your area for further details. In addition to the foregoing access to The Complete Guide to Buying and Selling a Property e-book. Notwithstanding the foregoing, the Customer is responsible for periodically extending the listing if desired, notifying ButterFlyLister.com of the sale of the property, and then removing the listing from the Web site. We may charge the Customer a surcharge not to exceed $200.00 for the Customer's failure to properly remove the listing after the property is sold, thus requiring ButterFlyLister.com to remove the listing itself. This Plan also provides that we will submit your property listing information to other/third-party Web sites for inclusion on those other/third-party Web sites.

• The Platinum Package. Any Customer who registers for the Platinum Package will be billed a one-time flat fee of $999.00, which (i) entitles the Customer to maintain the property listing until sold on the Web site (the "ButterFlyLister.com Web Site listing") with a virtual slide show, to access our special toll free consulting line, and to be added to our featured Local Featured Home rotation for 28 days and the Home Page Featured Property rotation for 14 days, to upload a video into our on-line video service (see Sub-section J for details) and (ii) allows the Customer to have his property listed on an available local multiple listing service ("MLS") for six months accessible by real estate brokers/agents in the area (the "MLS Service" - See Section 6, Sub-section E below). (The MLS Service allows only one photo image of a property to be displayed.) If you register for the MLS Service, you acknowledge that the ButterFlyLister.com Web site listing and MLS listing are activated separately. MLS listing applications must be submitted promptly after receipt by a Customer. ButterFlyLister.com is not a licensed real estate broker/agent and does not provide real estate brokerage services in connection with your property listings. Accordingly, all MLS listings are handled by an independent, local real estate broker/agent in your area who will contact you in order to contract with you separately, and that broker/agent will activate your MLS listing for you. The terms of any agreement between you and any independent real estate broker/agent are not endorsed, recommended or otherwise known to or by ButterFlyLister.com, Corp. All MLS listings require a buyer's agency commission if a real estate broker assists you in finding a buyer. Neither the Service nor these Terms are a solicitation for a listing broker if your property is already listed with a broker. Georgia residents may be subject to a 0.12% MLS surcharge at close of escrow. All Customers who purchase the Platinum Package are responsible for correctly completing all paperwork necessary and applicable to their local multiple listing services prior to their ad becoming viewable in their local MLS. There may be a delay (usually 5 to 7 business days) in the activation of the MLS listing. Please consult the listing real estate broker/agent in your area for further details. See Sub-section I for more details and terms related to the MLS Service. In addition to the foregoing, the Customer will receive one free yard sign, one free directional sign, a free brochure box and two free heavy duty steel sign stands, as well as access to The Complete Guide to Buying and Selling a Property e-book. Notwithstanding the foregoing, the Customer is responsible for periodically extending the listing if desired, notifying ButterFlyLister.com of the sale of the property, and then removing the listing from the Web site. We may charge the Customer a surcharge not to exceed $100.00 for the Customer's failure to properly remove the listing after the property is sold, thus requiring ButterFlyLister.com to remove the listing itself. This Plan also provides that we will submit your property listing information to other/third-party Web sites for inclusion on those other/third-party Web sites. See Sub-section M for details. The Local Featured Property and Home Page Featured Property rotate your property listing through the top section of the local search results page and home page, respectively, of ButterFlyLister.com at various times for 14 days. Because your property listing rotates with other homes, the picture of your property listing will not be viewable all of the time. You are not entitled to a refund because your property listing was not displayed as a "Local Featured Property" or a Home Page Featured Property at a certain time.
• MLS Upgrades. Any Customer who registers for the MLS upgrade will be billed an additional one-time flat fee between $400 and $600, depending on the Service package/plan, which entitles the Customer to have his property listed on an available local multiple listing service for six months accessible by real estate brokers/agents in the area. If you register for the MLS Service, you acknowledge that the ButterFlyLister.com Web site listing and MLS listing are sold separately. MLS Listing applications must be submitted promptly after receipt. ButterFlyLister.com is not a licensed real estate broker/agent and does not provide real estate brokerage services in connection with your property listings. Accordingly, all MLS listings are handled by an independent, local real estate broker/agent in your area who will contact you in order to contract with you separately. The terms of any agreement between you and any independent real estate broker/agent are not endorsed, recommended or otherwise known to or by ButterFlyLister.com, Corp. All MLS listings require a buyer's agency commission if a real estate broker assists you in finding a buyer. Neither the Service nor these Terms are a solicitation for a listing broker if your property is already listed with a broker. Georgia residents may be subject to a 0.12% MLS surcharge at close of escrow. All Customers who purchase the Deluxe MLS Package are responsible for correctly completing all paperwork necessary and applicable to their local multiple listing services prior to their ad becoming viewable in their local MLS. There may be a delay (usually 4 to 6 business days) in the activation of the MLS Listing. Please consult the listing real estate broker/agent in your area for further details.

• MLS Service in General. The MLS Listing expires after six (6) months. You may extend an MLS Listing for additional six (6) months periods by paying an additional $400 per six-month period. There may be additional fees that apply depending on the geographic location of your property listing and your local MLS's rules and regulations. Moreover, the MLS Service may be subject to additional fees and/or restrictions based on, among other things, changes in laws, regulations, or the third parties with which ButterFlyLister.com, Corp. may contract. In addition, depending on your MLS listing agreement, there may be restrictions on your use of signs, including signs provided as part of the above Plans. For additional information about the MLS rules and regulations in your area, please contact us at mls@butterflylister.com The MLS Service is subject to modification without notice to you. IF YOU OBJECT TO ANY MODIFICATIONS TO THE MLS SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE MLS SERVICES. CONTINUED USE OF THE MLS SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE MLS SERVICES AS SO MODIFIED. MLS Service is considered a separate purchase, even when purchased in a package, and is treated as a separate service for refunds. See Section 6 for Refunds. THERE WILL BE A CANCELLATION CHARGE OF $75 FOR EARLY CANCELLATION OF THE MLS SERVICE.
• Video Service with Packages. Customers can post a video of their Property as part of the Featured Property - Until Sold Plan ($599) or our Platinum Package ($899) at no additional cost. Customers will have their video posted for up to 6 months on the ButterFlyLister.com website; after 6 months, the video will no longer be posted. Videos cannot exceed 100 megabytes of data. Videos in excess of 100 megabytes will be subject to a $25.00 fee and may not be able to be posted or may post with poor quality. A third-party provider, WellcomeMat LLC, is responsible for the quality of the video, hosting, and posting of video to our Web site. You can upload your video by going to ButterFlyLister.com and logging into your seller's admin tool or you can send your video (cassette/tape/CD) to ButterFlyLister.com, 4800 Baseline Road, E-104, Boulder, Colorado, 80303, so that our partner WellcomeMat LLC can modify and post your video: there is no charge for the first video sent into our partner. There will be $25 fee applied to customer for each additional video sent to WellcomeMat LLC, even if the subsequent video(s) replaces a video that you previously sent. Once the video is modified and posted to the WellcomeMat LLC service, ButterFlyLister.com, Corp. will display the video on your paid listing. The WellcomeMat LLC service is subject to Sub-section R below.
• Video Service Upgrade. Customers can display a video of their home on ButterFlyLister.com, which can be posted for up to 6 months, for $99. The same terms and conditions contained in Sub-section J above applies to this video Service.
• Local Featured Home as an Upgrade. This add-on service rotates your property listing through the top section of the local search results page of ButterFlyLister.com at various times for a 14-day interval. The Local Featured Home add-on automatically activates when you pay for the additional service and the 14-day access will begin. In addition, you will be AUTOMATICALLY REBILLED EVERY 14 DAYS UNTIL YOU CANCEL THIS SERVICE. See Sub-Section O below. However, because your property listing rotates into the top section of the search results along with other homes, the picture of your property listing will not be viewable all of the time. YOU ARE NOT ENTITLED TO A REFUND BECAUSE YOUR PROPERTY LISTING WAS NOT DISPLAYED AS A "LOCAL FEATURED HOME" AT A CERTAIN TIME. UNLESS YOU CANCEL THE LOCAL FEATURED HOME WITHIN 24 HOURS OF PURCHASE, YOU WILL NOT RECEIVE ANY REFUND. THERE IS NO REFUND FOR THIS UPGRADE AFTER 24 HOURS.
• Home Page Featured Home as an Upgrade. This add-on service rotates your property listing through the "Featured Property" section on the home page of ButterFlyLister.com at various times for a 14-day interval. The Home Page Featured Home automatically activates when your photo has been processed by ButterFlyLister.com. In addition, you will be AUTOMATICALLY REBILLED EVERY 14 DAYS UNTIL YOU CANCEL THIS SERVICE. However, because your property listing rotates into the Home Page Feature Home will not be viewable all of the time and may not be present during certain times when you see the "Local Feature Property" in your area. YOU ARE NOT ENTITLED TO A REFUND BECAUSE YOUR PROPERTY LISTING WAS NOT DISPLAYED AS A "LOCAL FEATURED HOME" AT A CERTAIN TIME. UNLESS YOU CANCEL THE FEATURED HOME - UNTIL SOLD PLAN WITHIN 24 HOURS OF PURCHASE, YOU WILL NOT RECEIVE ANY REFUND. THERE IS NO REFUND FOR THIS PLAN AFTER 24 HOURS.

• We Do Not Provide Real Estate Services to You. ButterFlyLister.com or its affiliates may refer independent real estate professionals, brokers, or agents to you and/or Customers; however, ButterFlyLister.com does not itself engage in real estate broker services on your behalf. All real estate brokerage services are performed by independent, local brokers/agents that have been referred to you by ButterFlyLister.com. The terms of any agreement between a real estate broker/agent and you are not endorsed, recommended, or otherwise known to or by ButterFlyLister.com.
  
  As part of ButterFlyLister.com's  Property Selling Guarantee-Referral Program described in Section 5 below, ButterFlyLister.com, Corp. or an affiliate may receive payment including, but not limited, to a referral fee that may be a percentage of the commission received by a real estate agent/broker involved in any real estate transaction. Any such payment to ButterFlyLister.com or an affiliate is due to an agreement between ButterFlyLister.com or an affiliate and the real estate broker/agent involved. Your registration with ButterFlyLister.com, use of the Services, and agreement to the Terms constitutes your acknowledgment of, and agreement to, any such compensation arrangement.
• Placement on Other/Third-Party Web Sites. The Plans offered above also provide that we will submit your property listing information to other/third-party Web sites for inclusion on those other/third-party Web sites. YOU ARE NOT PURCHASING A LISTING WITH THESE OTHER/THIRD-PARTY WEBSITES AS PART OF THE FEE THAT YOU PAY TO ButterFlyLister.com, CORP. To the contrary, we submit your property listing information to other/third-party Web sites for inclusion on those other/third-party Web sites as part of the Services. IF, HOWEVER, A THIRD-PARTY WEB SITE REJECTS YOUR PROPERTY LISTING FOR ANY REASON, YOU HAVE NO RECOURSE AGAINST BUTTERFLYLISTER.COM. In addition, the particular other/third-party Web sites to which we will submit your property listing information are subject to change without notice to you. IF YOU OBJECT TO ANY CHANGES TO THE LIST OF OTHER/THIRD-PARTY WEB SITES TO WHICH WE WILL SUBMIT YOUR PROPERTY LISTING INFORMATION, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. Moreover, Web sites owned or operated by third parties are not under our control. Accordingly, we cannot guarantee that your property listing information (including images) associated with your property listing will appear on any particular third-party Web site or will appear in a certain way on such third-party Web site. Further, we are not responsible for any modifications or changes made to third-party Web sites. YOU AGREE AND ACKNOWLEDGE THAT BUTTERFLYLISTER.COM, SHALL HAVE NO LIABILITY WHATSOEVER CONCERNING CLAIMS RELATED TO (i) THE SUBMISSION OF YOUR PROPERTY LISTINGS INFORMATION TO OR (ii) THE USE, DISPLAY, OR MODIFICATION OF YOUR PROPERTY LISTING INFORMATION ON OR BY THIRD-PARTY WEB SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR SUCH CLAIMS SHALL BE TO CEASE USING THE SERVICES.
• "Until Sold," Expiration of Listings, and Extensions. Plans stating that a Customer is entitled to maintain a property listing "until sold" require a user to request periodic extensions to a listing in order to continue maintaining a listing on the Web site. All listings have a 6-month expiration date from purchase unless extended by the user. Upon receiving a request to extend your listing, we will then extend your listing by 2 additional months after which you must contact us again for any further extensions. A Customer is not required to pay any additional fees to request extensions. You will receive an e-mail message 1-3 days before your property listing expires, reminding you that your property listing will expire. This is the only means by which we will contact you concerning the expiration of your property listing. If you do not receive this e-mail or do not have an e-mail address listed, then it is your responsibility to contact us to extend your listing.
• How to Remove Your Listing/Cancel Your Ad Online. If your property sells, you should remove your listing from the Web site and/or cancel your ad if you have registered for the Monthly Plan. Removing your property listing from ButterFlyLister.com or canceling your ad is simple. Login at www.butterflylister.com/admin using your listing number and password. Click on your listing number then click "Cancel." Fill out the cancellation survey completely and click "Cancel Ad." Clicking the "Cancel Ad" button will cancel your property listing instantly and provide on-screen confirmation. (If you do not receive on-screen confirmation that your listing was cancelled, then it has not been cancelled. Contact us at 888-FOR-SALE (367-7253) if you need assistance.) If you have purchased the Monthly Plan (see Sub-section A above), your credit card will no longer be billed. Cancellation of an Internet listing on ButterFlyLister.com has no effect on an affiliate publication, publication listing, or MLS listing. IT IS THE CUSTOMER'S RESPONSIBILITY TO ENSURE THAT THEIR AD HAS BEEN CANCELED TO AVOID FURTHER REBILLING.
• Purchases through an Affiliate Publisher or Third Party. Customers who gain access to the Services through a publisher that is affiliated with ButterFlyLister.com ("Affiliate Publisher") or third party must contact the Affiliate Publisher or this party for assistance with the Web site or for billing inquiries. ButterFlyLister.com HAS NO OBLIGATION TO PROVIDE YOU CUSTOMER SERVICE OR ASSISTANCE IF YOUR ACCESS TO THE SERVICES IS THROUGH AN AFFILIATE PUBLISHER OR THIRD PARTY. YOUR ONLY RECOURSE FOR CUSTOMER SERVICE OR BILLING ISSUES IS TO CONTACT THE AFFILIATE PUBLISHER OR THIRD PARTY.

• Purchases through an Affiliate Publisher or Third Party. Customers who gain access to the Services by purchasing an advertisement from a newspaper that is affiliated with Tribune Company (a "Tribune Affiliate") must contact such Tribune Affiliate for any assistance need with respect to the advertising provided by such Tribune Affiliate. Customer acknowledges and agrees that ButterFlyLister.com has no obligation to provide customer service, to refund disputed amounts related to such advertising or otherwise provide any recourse to Customer related to the advertising provided by such Tribune Affiliate. With respect to Services purchased from such Tribune Affiliate, such Service is subject to all the rights and limitations set forth in this Agreement. The duration and pricing of the Services described on the Tribune Affiliate website or by a call center representative of a Tribune Affiliate is incorporated herein by reference.
• Prices and Availability May Vary. The prices quoted in these Terms are for Internet purchases only, and prices may vary by sales channel (e.g., telephone orders). In addition, prices may vary by plan depending on specials, discounts, or rebates that may be in effect at any given time. Some or all plans listed may not be available in all areas. Please contact us at 888-FOR-SALE (367-7253) for details on pricing and availability in you area.
• Use and Storage Guidelines. You understand, acknowledge, and agree that we may establish general practices and/or limits concerning the use of the Services, including without limitation the maximum number of days that information provided by you or account history and related data may be retained as part of the Services or maximum numbers of times or the maximum duration for which you may access the Services in a given period of time. IF YOU OBJECT TO ANY GENERAL PRACTICES OR LIMITS CONCERNING THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH GENERAL PRACTICES OR LIMITS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF THE SAME AND SATISFACTION WITH THE SERVICES SUBJECT TO SUCH GENERAL PRACTICES AND/OR LIMITS.
• Additional Services. ANY ADDITIONAL SERVICES PROVIDED THAT ARE NOT LISTED IN THE PLAN DESCRIPTIONS ABOVE (SEE SUB-SECTIONS A-G) ARE PROVIDED FREE OF CHARGE AND ARE SUBJECT TO CHANGE OR DISCONTINUATION AT ANY TIME. See Section 18 for additional details on Modifications to the Services.
• Home Builders Program. (1) 25 Listings Per Month. The Home Builders Program provides up to 25 home listings per month. Each listing may stay on the site until the house listed is sold. Any Customer who registers for our Home Builders Program is responsible for paying monthly subscription fees of $399.00 per month. Customers who choose the Home Builders Program will be automatically billed to their credit card every thirty days from the date the ad is placed (the "renewal date") until the Customer cancels. Payment for the monthly account shall be made by automatic credit card debit. Customers can cancel listings online, can send a cancellation request via e-mail at least one (1) business day prior to the renewal date to the e-mail listed below, or can call us at the number listed below. Direct all e-mail cancellation requests to support@ButterFlyLister.com or call 1-888-FOR-SALE (367-7253). You must receive a confirmation from us, either via electronic mail or over the telephone, or your listing has not been canceled. If you have not received a confirmation, cancel your listing online as described above in Sub-section O.
• MLS Listings. In addition to internet listings, ButterFlyLister.com can provide builders with reduced commission MLS listings for only $400 per listing per six-month period. If as a builder you register for the MLS Service, you acknowledge that the ButterFlyLister.com web site listing and MLS listing are sold separately. MLS Listing applications must be submitted promptly after receipt. The terms of Paragraph I above apply to MLS Listings for builders, except the price is $400 instead of $300.
• ButterFlyLister.com is not a licensed real estate broker. All listings are handled by a local Real Estate Agent in your area who acts as an independent contractor. All MLS listings require a buyer's agency commission if a real estate broker assists you to find a buyer. This is not a solicitation for a listing broker if your property is already listed with a broker. Georgia residents may be subject to a 0.12% MLS surcharge at close of escrow. All ButterFlyLister.com customers are responsible for correctly completing all paperwork necessary and applicable to their local Multiple Listing Services prior to their ad becoming viewable in their local MLS. There may be a delay (usually 5 to 7 business days) in the activation of the MLS Listing for builder Customers. Please consult the listing broker in your area for further details.
• Additional Upgrades. From time to time, we may offer additional upgrades. Upgrades offered are subject to change, may be changed without notice and may be offered for a limited time. Upgrades will be offered in connection with various Services, and all such upgrades are subject to the terms and conditions set forth in this Section 4 unless otherwise specified on the Web site.

5. Home Selling Guarantee-Referral Program

One of the Services offered on ButterFlyLister.com is the following program that provides you a refund of the fees paid to us under certain circumstances:

• In the event (i) you have listed your property on the ButterFlyLister.com Web site by purchasing one of the plans offered by ButterFlyLister.com and such property has not been sold or you have not received a binding offer of sale; and (ii) you also list your property using the ButterFlyLister.com Home Selling Guarantee- Referral Program via an agent assigned by ButterFlyLister.com, then
• B. (i) the amount paid by you for your website listing will be refunded to you upon the closing of the sale of your property and the submission of your HUD Closing Statement (which should be given to you when you close the sale of your home by the title/escrow company handling the closing), or (ii) you can choose to receive a gift card of up to $1000 from a third-party retailer depending on the value of your home sale, according to the following schedule:

HOME SALE PRICE RETAIL GIFT CARD AMOUNT
Under $150,000 $250
$150,000 - $299,999 $350
$300,000 - $449,999 $500
$450,000 - $599,999 $750
$600,000 and higher $1,000

• To qualify for the Home Selling Guarantee-Referral Program, you must register for the Program by following the quick and easy instructions here.
  
  For questions regarding the Home Selling Guarantee Program e-mail support@ButterFlyLister.com, call toll-free 888-FOR-SALE, or contact our real estate subsidiary at:
  
  HomeOwner's Realty, Inc.
  Attn: ButterFlyLister.com Refund
  230 West 200 South, Suite 3201
  Salt Lake City, Utah 84101
  
• How the Home Selling Guarantee Program Works. Real estate referral is a time-honored process through which licensed real estate professionals send or "refer" business to one another. One example of a referral involves a homeowner/Customer or home buyer calling a real estate professional in one first location, telling them that they need a referral to a real estate professional in another second location, then waiting to hear back from the first contacted real estate professional and being told to whom they have been referred in the second location. The Home Selling Guarantee Program offered at ButterFlyLister.com works the same way. Pursuant to the Home Selling Guarantee Program, Customers interested in or needing to move from "by owner" status to "full-service listing" status can secure a real estate broker/agent in their own location through ButterFlyLister.com by using our own real estate subsidiary, HomeOwners Realty, Inc.
  
  After you have listed your home with the agent/broker you obtained through HomeOwners Realty, Inc. and the Home Selling Guarantee Program and the sale is complete, you send us a copy of your HUD closing statement (supplied to you by the title/escrow company at closing) and depending on the services you have used or options you have selected we will either: (i) refund the purchase price of the ButterFlyLister.com plan you purchased or (ii) send you a gift card to a retailer of your choice for up to $1,000.00, depending on the value of your home sale.
  
• Refunds Issued pursuant to the Home Selling Guarantee Program. Neither ButterFlyLister.com nor any of its affiliates will be obligated to refund the purchase price of the ButterFlyLister.com plan you purchased under this program if:
• failure to sell your property using ButterFlyLister.com resulted, in whole or in part, from any failure by you to comply with the Terms;
  o failure to sell your property using ButterFlyLister.com resulted, in whole or in part, from any failure by you in complying with the terms and conditions of a real estate binder or contract of sale (we reserve the right to examine title documentation prior to issuing a refund);
• your property listing on ButterFlyLister.com was created without providing correct contact information (phone number and e-mail address) or such contact information was not properly maintained;
• your property listing or any of the information you provided to ButterFlyLister.com contained fraudulent or inaccurate information.
• Failure to sign a binding agent agreement with an agent who was referred via the Risk Free Referral program; and
• Customer has contacted the agent provided via the ButterFlyLister.com network prior to being assigned.

In addition, only one refund pursuant to the Home Selling Guarantee Program is permitted per ButterFlyLister.com property listing, even if such listing appeared more than once on ButterFlyLister.com.

6. Refunds in General

Under certain limited circumstances, ButterFlyLister.com may refund the purchase price or a portion of the purchase price for Services purchased from ButterFlyLister.com.

• Customer Obligations concerning Cancellation. In certain cases in its sole discretion, ButterFlyLister.com will attempt to make commercially reasonable efforts to accommodate its users and Customers that purchase products or the Services from ButterFlyLister.com and subsequently attempt to cancel such purchase. However, it is ultimately your responsibility to promptly inform ButterFlyLister.com that you are canceling a purchase in accordance with express terms and ButterFlyLister.com is under no obligation to make accommodation for users of Customers that attempt to cancel or two issue refunds. BUTTERFLYLISTER.COM IS NOT RESPONSIBLE FOR AND NEED NOT HONOR CANCELLATION REQUESTS THAT IT DOES NOT RECEIVE OR DOES NOT RECEIVE IN A TIMELY FASHION.
• Voiding Charges within 24 Hours of Purchase. If you or Customers or purchasers of a product through the ButterFlyLister.com on-line shop or the Services notify ButterFlyLister.com in writing of a cancellation within 24 hours of a purchase of a product or the Services, then ButterFlyLister.com will void, reverse, or credit the charges on such purchase.
• Refunds, Downgrades, or Changes within 24 Hours of Purchase for Non-MLS-Related Services/Plans. For Services/plans described which are Services that do not contain an MLS component, you can obtain a refund, downgrade your plan with a refund of the difference in price, or change your plan within 24 hours of your purchase of the Services by notifying ButterFlyLister.com in writing of your refund request, downgrade request, or change order. For a change that involves an upgrade to a Service plan, you must pay the difference in price between the plan you initially purchased and the upgraded plan. FOR ANY REFUND OBTAINED PURSUANT TO, BUTTERFLYLISTER.COM HAS THE RIGHT TO CHARGE A $50 CANCELLATION FEE FOR SERVICES RENDERED.
• Refund and Change Policy after 24 Hours from Purchase of Services. For all Services/plans described except the Monthly Plan, which is discussed below in, AFTER 24 HOURS FROM YOUR PURCHASE OF THE SERVICES, THERE IS NO REFUND FOR ANY REASON. IN ADDITION, AFTER 24 HOURS FROM YOUR PURCHASE OF THE SERVICES, YOU CANNOT DOWNGRADE YOU PLAN AND RECEIVE A REFUND. You may upgrade to another plan after 24 hours from your purchase of the Services; Please contact our customers service representatives at support@butterflylister.com
• Plans Including "Local & Home Page Featured Property". The Services described rotate your property listing through the "Local Featured Property" and "Home Page Featured Property" sections of ButterFlyLister.com. The property listing is in the Local Featured Home rotation is for 28 days while the Home Page Featured home rotation is for 14 days. The Local Featured Property service automatically activates once you upload a photo into your "Seller Administration page". The Home Page Featured Property activates once we have processed your pictures. Your property listing will not be viewable all of the time and may not be present during certain times when you are on the site. YOU ARE NOT ENTITLED TO A REFUND BECAUSE YOUR PROPERTY LISTING WAS NOT DISPLAYED AS A "FEATURED HOME" AT A CERTAIN TIME.
• Plans Including "Featured Property". This plan described cycles your property listing through the "Featured Property" section of ButterFlyLister.com's home page at certain times. The property listing is in rotation for 10 days. However, your property listing will not be viewable all of the time and may not be present during certain times when you check the "Featured Home." YOU ARE NOT ENTITLED TO A REFUND BECAUSE YOUR PROPERTY LISTING WAS NOT DISPLAYED AS A "FEATURED HOME" AT A CERTAIN TIME. UNLESS YOU CANCEL THE FEATURED HOME - UNTIL SOLD PLAN WITHIN 24 HOURS OF PURCHASE, YOU WILL NOT RECEIVE ANY REFUND. THERE IS NO REFUND FOR THIS PLAN AFTER 24 HOURS.
• Refund and Changes to Services/Plans that Include MLS Services. Because the MLS in your local area is a third-party service, ButterFlyLister.com is subject to additional fees and restrictions concerning changes requested by a Customer after they have purchased a plan with MLS Services, especially after a property listing has been posted to the MLS. ButterFlyLister.com. will refund the price of a Service plan that includes MLS Services that you purchased, less a $75 cancellation fee, anytime before your property listing is posted to the MLS. IN ADDITION, ONCE YOUR PROPERTY LISTING IS POSTED TO THE MLS OR 30 DAYS AFTER YOU PURCHASED THE MLS SERVICE, THERE IS NO REFUND FOR ANY REASON. While you cannot receive a refund after your property listing has posted to the MLS, you can make  one change to the listing that involve the quantity of words/description of the property or documentation associated with the property free of charge during the life of the MLS listing. THERE IS A $50 CHARGE FOR EACH CHANGE TO AN MLS LISTING BEYOND THE FIRST TWO CHANGES THAT INVOLVE THE QUANTITY OF WORDS/DESCRIPTION OF THE PROPERTY OR DOCUMENTATION ASSOCIATED WITH THE PROPERTY. All changes to an MLS listing can contain unlimited descriptive content and documentation changes. You may make pricing or status changes (e.g., sold, under contract) to an MLS listing free of charge. ALL CHANGE ORDERS FOR AN MLS LISTING MUST BE IN WRITING. Certain fees may apply in order to remove an MLS listing prior to six (6) months. If you have received a refund for your MLS Listing, less the $75 cancellation fee, and you decide to re-purchase a plan with MLS Services within 6 months for the same property you previously listed, then ButterFlyLister.com will allocate the $100 cancellation fee toward the total purchase price of the Service plan with MLS Services that you re-purchase.

• Requests for Refunds, or Uploads with respect to Monthly Plans. With respect to the Monthly Plan described in Sub-section A to Section 4 above, you may cancel your Monthly Plan in accordance with the specific provisions of Sub-section A and M of Section 4. There is no pro-ration for canceling a Monthly Plan within a 30-day period. That is, if you cancel a Monthly Plan 24 hours after the renewal date and/or part-way through a 30-day cycle, YOU WILL NOT RECEIVE ANY PRO-RATED REFUND. IT IS YOUR RESPONSIBILITY TO USE THE AD CANCELLATION FEATURE DETAILED IN SUB-SECTION M OF SECTION 4 TO CANCEL THE MONTHLY PLAN. IF YOU FAIL TO DO SO, YOU ARE LIABLE FOR AND MUST PAY BUTTERFLYLISTER.COM ALL ASSOCIATED MONTHLY FEES.
• Request for Cancellation or Refund of an Upgrade Purchase. Cancellation and refund procedures for an upgrade purchase are the same as for Sub-sections B-F above.
• Technical Problems or Computer/Browser Requirements. YOU WILL NOT RECEIVE ANY REFUND FOR TEMPORARY TECHNICAL PROBLEMS WITH THE WEB SITE (INCLUDING WITHOUT LIMITATION NOT BEING ABLE TO LOG IN TO YOUR ACCOUNT OR NOT BEING ABLE TO UPLOAD PHOTOS) THAT REMOVE YOUR PROPERTY LISTING, CHANGE YOUR PROPERTY LISTING, OR CAUSE YOUR PROPERTY LISTING NOT TO BE DISPLAYED. YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A TEMPORARY SERVICE FAILURE. MOREOVER, YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A FAILURE TO VIEW YOUR PROPERTY LISTING THAT IS DUE TO YOUR COMPUTER'S OR YOUR BROWSER'S FAILURE TO MEET MINIMUM BROWSER AND OPERATING SYSTEM REQUIREMENTS OF ButterFlyLister.com. YOU ARE ALSO NOT ENTITLED TO ANY REFUND BASED ON ANY PROBLEM DUE IN WHOLE OR IN PART TO YOUR COMPUTER OR PERIPHERAL DEVICE.
• Yard Signs and Related Products. THERE ARE NO REFUNDS FOR YARD SIGNS OR OTHER PRODUCTS THAT ARE SENT TO YOU IN CONNECTION WITH A SERVICE PLAN.
• No Refunds Based on Modifications to the Services. THERE ARE NO REFUNDS BASED ON MODIFICATIONS TO THE SERVICES, AS BUTTERFLYLISTER.COM  RETAINS THE RIGHT TO MODIFY THE SERVICES WITH OR WITHOUT NOTICE TO YOU.
• No Refunds for Services Provided through an Affiliate Publisher or Third Party. THERE ARE NO REFUNDS IF A USER GAINS ACCESS TO THE SERVICES THROUGH AN AFFILIATE PUBLISHER OR THIRD PARTY. UNDER THESE CIRCUMSTANCES, YOUR ONLY RECOURSE IS THROUGH THE AFFILIATE PUBLISHER OR THIRD PARTY.

7. Free Trials

From time to time, you and/or Customers may be offered 7-day free trials of the Services. You are bound by these Terms during a free trial. THERE ARE NO REFUNDS ASSOCIATED WITH AND PRODUCTS OR SERVICES RECEIVED BY YOU DURING A FREE TRIAL. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU SHALL NOT RE-USE ANY 14-DAY FREE TRIAL CODES OR ACCESS FREE TRIALS FOR MORE THAN ONE PROPERTY LISTING. MOREOVER, YOU ALSO UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU SHALL NOT USE A FREE TRIAL MORE THAN ONCE FOR THE SAME PROPERTY. You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with this Section. If you purchase Services through the Web site.

8. Third-Party Services

Any dealings or communications you have through ButterFlyLister.com with any party other than ButterFlyLister.com are solely between you and that third party. For example, certain areas of ButterFlyLister.com may allow you to conduct transactions with third parties or purchase goods or services from third parties. YOU UNDERSTAND, ACKNOWLEGE, AND AGREE THAT, UNDER NO CIRCUMSTANCES, WILL BUTTERFLYLISTER.COM. HAVE ANY LIABILITY RELATED TO ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD-PARTY DEALINGS OR COMMUNICATIONS OR FOR ANY INFORMATION THAT YOU PROVIDE TO THIRD PARTIES OR FOR ANY HARM RELATED THERETO. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials or services provided by third parties should be forwarded directly to the third party. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHETHER YOU HAVE PURCHASED A SERVICE THROUGH A THIRD PARTY. Though some magazine publishers that are Affiliate Publishers may offer access to the Web site, these Affiliate Publishers are not owned by ButterFlyLister.com and are not a part of ButterFlyLister.com. While some listings from these Affiliate Publishers may appear on the Web site, ALL CUSTOMER SERVICE AND BILLING ISSUES MUST BE HANDLED THROUGH THE INDIVIDUAL AFFILIATE PUBLISHERS, NOT BUTTERFLYLISTER.COM.

9. Product Purchases from ButterFlyLister.com On-Line Store

All items purchased from the on-line store at ButterFlyLister.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. ButterFlyLister.com, in its sole discretion, may reship an item to you even if you bear the risk of loss for such item. However, under no circumstances will a refund be issued for an item not delivered to you. ButterFlyLister.com and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions in the on-line store at ButterFlyLister.com are accurate, complete, reliable, current, or error-free. IF A PRODUCT OFFERED BY ButterFlyLister.com ITSELF IS NOT AS DESCRIBED, YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN IT IN UNUSED CONDITION. NO PRODUCT THAT HAS BEEN USED MAY BE RETURNED BY A CUSTIOMER. MOREOVER, PRODUCTS PURCHASED FROM THE ButterFlyLister.com ON-LINE STORE ARE, IN MOST CASES, SHIPPED THE SAME DAY THAT THEY ARE ORDERED; ACCORDINGLY, SUCH PURCHASES CANNOT BE CANCELLED AFTER THEY ARE MADE. ANY RETURN OR REFUND FROM THE ButterFlyLister.com ON-LINE STORE MUST BE APPROVED BY BUTTERFLYLISTER.COM IN ADVANCE. IF ButterFlyLister.com APPROVES THE RETURN AND REFUND OF A PRODUCT, THEN A CUSTOMER WHO RETURNS SUCH PRODUCT PURCHASED FROM THE ButterFlyLister.com ON-LINE STORE MUST PAY RETURN SHIPPING AND A 15% RESTOCKING FEE. IF YOU RETURN A PRODUCT FROM THE ON-LINE STORE AFTER RECEIVING APPROVAL FROM ButterFlyLister.com, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU WILL BE CHARGED AND WILL PAY A 15% RESTOCKING FEE. IF ANY PRODUCT YOU PURCHASE FROM THE ButterFlyLister.com ON-LINE STORE IS DELAYED OR DOES NOT ARRIVE, YOUR SOLE AND EXCLUSIVE REMEDY IS THAT BUTTERFLYLISTER.COM WILL REPLACE THE PRODUCT AND REFUND ANY SHIPPING & HANDLING CHARGED TO YOU.

10. Consent to E-mail Communications from ButterFlyLister.com, Affiliates, and Third Parties

From time to time, we will send you e-mail announcements or correspondence on new features, products and services offered by ButterFlyLister.com, selected advertisers, affiliates, and related companies. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON ButterFlyLister.com, YOU EXPRESSLY CONSENT AND OPT-IN TO RECEIVING E-MAIL FROM ButterFlyLister.com, ITS AFFILIATES, RELATED COMPANIES, AND ADVERTISERS. SOME ADVERTISERS MAY PREFER TO CONTACT YOU DIRECTLY, AND PURCHASING, USING, OR ENJOYING THE SERVICES ON ButterFlyLister.com, YOU EXPRESSLY CONSENT AND OPT-IN TO HAVING THIRD PARTY ADVERTISERS CONTACT YOU.

11. User-Provided Information and Content

By providing information to, communicating with, and/or placing material on, ButterFlyLister.com, including for example communication during registration, communication on any ButterFlyLister.com bulletin board, message or chat area, posting any listing or other content (including without limitation written, graphical or video content), placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; (3) the content will not cause injury to any person or entity; and (4) if you post a property listing that you are the owner of the property and have all necessary rights, title, and interests in such property to list the property for sale. Using a name other than your own legal name is prohibited (except in those specific areas of ButterFlyLister.com that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).

For all such information and material, you grant ButterFlyLister.com, its affiliates and related entities (including classifiedventures.com and other Tribune Company affiliates, as well as all third-party affiliates/partners) a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all Tribune Company affiliated Web sites, to include the information in a searchable format accessible by users of ButterFlyLister.com, other ButterFlyLister.com Web sites, as well as third-party web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant ButterFlyLister.com the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Please note ButterFlyLister.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to ButterFlyLister.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against ButterFlyLister.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

12. Termination

You understand, acknowledge, and agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services if you have breached violated or acted inconsistently with the Terms. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR PASSWORD, ACCOUNT, ACCESS TO, OR USE OF THE SERVICES PURSUANT TO THIS SECTION. You may discontinue your participation in and access to the Services at any time, subject to the other provisions of these Terms.

13. Disclaimers and Limitation of Liability

While ButterFlyLister.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the data or information available on the Web site and assume no liability or responsibility for any error or omission in the such data or information. BUTTERFLYLISTER.COM DOES NOT REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. ButterFlyLister.com has no responsibility for actions of third parties or for information provided or posted by others.

USE OF ButterFlyLister.com IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER ButterFlyLister.com, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS OF ANY OF THEM, MAKES ANY WARRANTY OF ANY KIND REGARDING ButterFlyLister.com AND/OR THE CONTENT CONTAINED THEREIN; THE SERVICES; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; THIRD-PARTY REAL ESTATE BROKERAGE SERVICES; PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH ButterFlyLister.com; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING ButterFlyLister.com OR THE SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES ButterFlyLister.com WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. BUTTERFLYLISTER.COM AND ITS AFFILIATES AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warrant shall be the minimum required under such application law.

ButterFlyLister.com CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. ButterFlyLister.com DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE ButterFlyLister.com. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

IN NO EVENT SHALL  BUTTERFLYLISTER.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BUTTERFLYLISTER.COM OR ITS AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. IN NO EVENT SHALL BUTTERFLYLISTER.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR.

14. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, ButterFlyLister.com, ITS PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF ButterFlyLister.com; (2) ButterFlyLister.com'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU.

15. Dispute Resolution

THE TERMS AND THIS AGREEMENT PROVIDE THAT ALL DISPUTES BETWEEN YOU AND BUTTERFLYLISTER.COM WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU GIVE UP AND WAIVE YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS OR HAVE YOUR DISPUTE HEARD BY A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY AN ARBITRATOR AND NOT A JUDGE OR JURY.

16. Limitations Period

YOU AGREE THAT ANY CLAIM, CONTRIOVERSY, OR DISPUTE WITH BUTTERFLYLISTER.COM OR ITS AFFIATES OR RELATED COMPANIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF WHEN THE CLAIM, CONTROVERSY, OR DISPUTE AROSE OR FIRST ACCRUED, OR SUCH CLAIM, CONTROVERSY, OR DISPUTE WILL BE FOREVER BARRED.

17. Additional Terms; Modifications to the Terms

We may change the Terms from time to time without prior notification to you. Each time you access the Web site, you will be governed by the Terms then present on the Web site and in effect. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES, WITHOUT LIMITATION OR QUALIFICATION. In addition, when using particular portions of the Services, you will be governed by additional terms which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.

18. Modifications to the Services

We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the Web site with or without notice to you. Modification of the Services can include, but is not limited to, any change to the Web site or content contained therein, changes to the administrative tools or functionality of the Web site, modification of the "look and feel" of the Web site, changes to the format of a property listing or any other part of the Web site, and the inclusion of advertising links in association with a property listing or other content available on the Web site. Temporary discontinuance of the Services could be for a variety of reasons, including without limitation technical issues that require or result in short-term Service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the Web site. IF YOU OBJECT TO ANY MODIFICATIONS TO THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE SERVICES AS SO MODIFIED.

19. Terms of Service and Privacy Policy

The Terms of Service and Privacy Policy for ButterFlyLister.com are hereby incorporated by reference into these Terms, and your agreement to these Terms means that you also expressly agree to be bound by the Terms of Service and Privacy Policy for ButterFlyLister.com. For Customers, in the event of a conflict between these Terms, on the one hand, and the Terms of Service and Privacy Policy on the other, these Terms shall take precedence.

20. Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflicts of law provisions.

21. Miscellaneous

The Terms constitute the entire, exclusive, and final statement of the agreement between you and ButterFlyLister.com. with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to the subject matter herein. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of ButterFlyLister.com. to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The Section and Sub-section headings used in this Agreement are purely for convenience and effect are for illustrative purposes only. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to ButterFlyLister.com, any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.

22. Service Providers

Local service providers may purchase advertisements in the ButterFlyLister.com Service Provider Directory across 24 separate categories. The maximum cost for creating an advertisement is $35 per month per county per category. Providers will be automatically re-billed to their credit card every thirty days from the date of signup. Payments for this service shall be made by automatic credit card debit. Providers can cancel their listing online or can send a cancellation request via e-mail at least 1 business day prior to renewal date. Direct all cancellation requests to: support@ButterFlyLister.com.

The following is the schedule for volume discounts:

1 county is $35 per month per category.
Up to 5 counties is $28 per month per county per category.
Up to 10 counties is $26 per month per county per category.
11 counties or more is $24 per month per county per category.
An entire state is $15 per month per county per category.

Each advertisement showcases the following information about an individual provider:

• Provider name
• Provider address
• Map to provider's address
• Provider phone number
• Provider email address
• A brief description of the provider's business

Service Providers are solely responsible for the content of their advertisement(s). ButterFlyLister.com reserves the right to edit said advertisement(s) at any time for any reason. ButterFlyLister.com makes no representations as to the accuracy of the information contained on individual Service Provider advertisements. ButterFlyLister.com makes no representations as to the quality of the services that are advertised in its Service Directory.

ButterFlyLister.com reserves the right to cancel and delete any advertisement for any reason without notice at the completion of the term for which the provider has paid.

23. Services Provided by Third Parties

We are not responsible or liable for any products or services obtained by or through any other party. The materials displayed on this site relating to services provided by any other party are advertisements and do not constitute an offer or promise to make a loan or provide any other service by us. There is no endorsement by us of any other party or the products and services made available by or through any other web site.

24. Use of E-mail System

By using our e-mail system to contact ButterFlyLister.com Customers, you are agreeing to these Terms, including, without limitation. You agree to use the e-mail system only to contact Customers for purposes of asking questions related to the purchase or potential purchase by you of the home listed on ButterFlyLister.com. In no event may you contact a customer of ButterFlyLister.com using our e-mail system for purposes of soliciting other goods or services or a commercial relationship of any kind with such Customer. IF YOU VIOLATE THIS SECTION, YOU AGREE TO COMPENSATE BUTTERFLYLISTER.COM FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $1,000 PER OCCURRENCE.