Everynook Terms of Service

1. ACCEPTANCE OF THESE TERMS

These Terms of Service ("Terms") form a binding agreement between you ("you" or "User") and Every Nook, LLC, a Maryland limited liability company doing business as Everynook ("Everynook," "we," "us," or "our"), governing your access to and use of:

• The Everynook website at https://www.everynook.com and all subdomains;
• The Everynook mobile applications for iOS and Android;
• Everynook-branded sub-services, including but not limited to NookSign (electronic signature service), Virtual Nooks (AI virtual staging service), Neighborhood Niche / Area Insights (community knowledge service), and any other features, content, or applications offered by Everynook from time to time; and
• Any communications, content, AI outputs, documents, or other materials produced or delivered through any of the foregoing

(collectively, the "Service"). By creating an account, accessing the Service, clicking "I agree" (or similar), or otherwise using the Service, you accept and agree to be bound by these Terms and our Privacy Policy at https://www.everynook.com/privacy_policy, which is incorporated by reference. If you do not agree, do not use the Service.

If you are using the Service on behalf of a brokerage, team, or other entity, you represent that you have authority to bind that entity, and "you" refers to both you personally and the entity.

2. DEFINITIONS

• "Account" means your registered Everynook user account.
• "Agent" means a User who is a licensed real estate professional.
• "Content" means any text, listings, photographs, video, audio, documents, contracts, descriptions, AI outputs, reviews, community contributions, or other material on or generated through the Service.
• "User Content" means any Content you upload, submit, generate (including via AI features), post, or transmit through the Service.
• "Everynook Content" means all Content on the Service that is not User Content, including our software, designs, trademarks, and proprietary materials.
• "AI Features" means any feature that uses artificial intelligence, machine learning, or large language models, whether operated by Everynook or by a third-party AI provider.
• "Documents" means contracts, disclosures, addenda, and other records created, edited, sent, signed, or stored using NookSign.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Age and capacity

You must be at least 18 years old and have legal capacity to enter into a binding contract. The Service is not intended for and is not directed to children under 13, and we do not knowingly collect information from children under 13 (see our Privacy Policy for COPPA-related details).

3.2 Professional users

If you represent yourself as a real estate Agent, you represent and warrant that:

• (a) You hold a valid, active real estate license in each jurisdiction where you transact;
• (b) You are in good standing with your supervising broker and applicable regulatory authorities;
• (c) Your use of the Service complies with your state's real estate licensing laws, your broker's policies, the NAR Code of Ethics (if you are a Realtor®), and applicable MLS rules; and
• (d) You will immediately notify us if your license is suspended, revoked, or lapses.

We may, but are not required to, verify license status. We are not your broker, employer, or agent.

3.3 Account information and security

You agree to provide accurate, current, and complete information at registration and to keep it updated. You are responsible for:

• Keeping your password confidential;
• Enabling two-factor authentication when offered;
• All activity that occurs under your Account, whether or not authorized by you; and
• Promptly notifying us at security@everynook.com of any suspected unauthorized access.

We may suspend or terminate any Account based on suspected fraud, security risk, license issues, or breach of these Terms.

3.4 No sharing

Accounts are for a single individual. You may not share login credentials, transfer your Account, or allow others to use your Account. Brokerages with multiple Agents must obtain separate Accounts for each user.

4. CHANGES TO THE SERVICE OR THESE TERMS

We may modify the Service at any time. We may modify these Terms by posting an updated version and updating the "Last Updated" date. For material changes, we will provide at least 30 days' advance notice by email to your registered address and/or in-app notice before the changes take effect. Continued use of the Service after the effective date constitutes acceptance. If you do not accept, you must stop using the Service and may cancel your subscription as described in Section 6.

5. SUBSCRIPTIONS, FEES, AND BILLING

5.1 Plans and pricing

Subscription plans and pricing are described at sign-up and on our pricing pages. Prices are in U.S. dollars and may exclude applicable sales tax, which we will add as required. We may change prices for future billing cycles upon 30 days' notice; existing billing cycles will not be retroactively changed.

5.2 Free trial

We may offer a free trial (currently 14 days for new Users). At the end of the trial, your Account will automatically convert to a paid subscription at the plan you selected, and your payment method will be charged unless you cancel before the trial ends. Free trials are limited to one per User; we may refuse a trial at our discretion.

5.3 Auto-renewal disclosure (Important — California, Maryland, and other state law)

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNTIL YOU CANCEL. You authorize us to charge the payment method on file at the then-current rate for each renewal term. Billing periods (monthly, annual, or other) are disclosed at sign-up. We will provide renewal reminders to the extent required by applicable law (including California's Automatic Renewal Law, Maryland's auto-renewal statute, and the FTC's "Click-to-Cancel" rule).

5.4 Cancellation

You may cancel at any time through your Account settings (online, with no phone call or email required) or by contacting info@everynook.com. Cancellation takes effect at the end of the then-current billing period. All fees are non-refundable except where required by law or expressly stated otherwise. Pro-rata refunds are not provided for partial periods.

5.5 Payment methods and failed payments

We accept Visa, Mastercard, American Express, Discover, and PayPal. Payment processing is performed by Stripe, Inc.; your payment card information is collected and stored by Stripe, not by Everynook. Your use of Stripe's services is subject to Stripe's terms and privacy policy. If a charge fails, we may retry, suspend access, or terminate the Account. You are responsible for keeping payment information current.

5.6 Taxes

You are responsible for all taxes other than taxes on our net income, including any sales, use, VAT, GST, or similar taxes assessed on the Service.

5.7 Disputed charges

You must dispute any charge in writing within 60 days of the charge by emailing info@everynook.com. After 60 days, you waive your right to dispute it.

6. LICENSE TO USE THE SERVICE

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes as a licensed real estate Agent, brokerage staff member, or other authorized User. All other rights are reserved.

7. ACCEPTABLE USE

The high-level rules below are supplemented by our Acceptable Use Policy ("AUP") at https://www.everynook.com/aup, which is incorporated by reference. The AUP contains detailed examples and feature-specific rules — especially for fair housing compliance, AI use, and community contributions — and may be updated more frequently than these Terms.

You agree not to:

(a) Misuse the Service: Access the Service by automated means (bots, scrapers, crawlers, AI agents) except for standard search-engine indexing of public pages; bypass rate limits, paywalls, or access controls; reverse engineer, decompile, or attempt to extract source code; remove proprietary notices; or interfere with the Service's operation.

(b) Train AI models: Use the Service, any Everynook Content, or any User Content you do not own to train, fine-tune, evaluate, or develop any AI, machine learning, or large language model, or to compile any dataset for such purposes. This restriction expressly applies to the Text and Data Mining exception under EU law and similar provisions worldwide, which you waive to the extent permitted.

(c) Violate laws: Use the Service in violation of any law, including consumer protection, anti-fraud, fair housing, anti-discrimination, real estate licensing, telemarketing (TCPA), email (CAN-SPAM), sanctions, export control, or privacy laws.

(d) Discriminate: Use the Service to publish, communicate, or facilitate any content that discriminates or steers based on race, color, religion, sex (including sexual orientation and gender identity), familial status, national origin, disability, source of income, or any other protected class under the federal Fair Housing Act, state or local fair housing laws, or applicable anti-discrimination statutes. This includes coded language, neighborhood references, and "preferred" buyer/tenant criteria.

(e) Misrepresent or defraud: Create false accounts, impersonate others, falsify listings, misstate property facts, conceal virtual staging, forge signatures, or engage in any fraudulent or deceptive practice.

(f) Violate third-party rights: Upload listing photos, descriptions, contracts, or other Content you do not own or have permission to use; misuse the "Realtor®" trademark; or violate MLS rules.

(g) Harm others: Harass, threaten, defame, stalk, or harm other Users, Everynook personnel, or third parties; upload malware; or attempt to compromise other Accounts.

(h) Compete: Use the Service to develop a competing product, copy our user interfaces or workflows, or benchmark for competitive purposes.

(i) Resell or sub-license: Resell, sublicense, lease, or otherwise commercially exploit the Service except as expressly permitted.

We may investigate violations, suspend or terminate access, remove Content, and cooperate with law enforcement, all without prior notice.

8. REAL ESTATE–SPECIFIC PROVISIONS

8.1 Not a brokerage; no agency

Everynook is a software platform. We are not a real estate brokerage, broker, agent, or licensee. We do not represent buyers, sellers, landlords, tenants, or any other party in any real estate transaction. Nothing in the Service creates an agency, fiduciary, brokerage, or representation relationship between Everynook and you, your clients, or anyone else. You and your supervising broker are solely responsible for any client representation.

8.2 Not legal, financial, tax, appraisal, or inspection advice

Content on the Service — including contract templates, AI-generated drafts, listing descriptions, property analyses, neighborhood content, valuation suggestions, and any other output — is informational only and is not legal, financial, tax, appraisal, inspection, or other professional advice. You must consult appropriately licensed professionals for any such advice. Reliance on Service output without independent professional review is at your sole risk.

8.3 Fair Housing Act compliance

You acknowledge that the Fair Housing Act (42 U.S.C. §§ 3601 et seq.) and state and local equivalents prohibit discriminatory advertising, statements, and conduct in real estate. You are solely responsible for your compliance, including for any AI-generated text you publish or send. We may, but are not required to, screen Content for fair housing risk; any screening is a courtesy and does not create a duty.

8.4 MLS, IDX, and Clear Cooperation

If you upload, display, or syndicate MLS or IDX data through the Service, you represent that you have the necessary rights, licenses, and permissions under your MLS membership and applicable feed agreements. You are responsible for compliance with the NAR Clear Cooperation Policy, your MLS's rules, and all listing display requirements. We do not provide MLS data feeds; we display only what you provide or authorize.

8.5 Listing photos and copyright

Listing photography is one of the most-litigated areas in real estate. You represent and warrant that for every photograph, floor plan, drawing, video, virtual tour, or other visual asset you upload:

• (a) You either own the copyright or hold a valid license that permits the uses on the Service (including display, distribution, and any AI-derived outputs);
• (b) Your license is not limited to a single listing or short period unless you disclose that limitation; and
• (c) You agree to indemnify Everynook for any claim that your uploaded visual assets infringe a third party's rights.

8.6 Listing and property data accuracy

All listing data, square footage, lot size, school zone, tax, HOA, and similar information must be verified by you or your client against authoritative sources before publication or use in any transaction. The Service may include estimates, third-party data, or AI-generated suggestions that are not verified.

8.7 Commissions and representation disclosures (Post-NAR Settlement)

If the Service is used to display, negotiate, or document commissions, buyer-broker agreements, or representation terms, you are solely responsible for compliance with the NAR settlement, your MLS's implementation rules, applicable state laws, and your broker's policies.

8.8 No referral fees

Nothing in the Service is intended to constitute a referral fee, kickback, or unearned thing of value in violation of RESPA Section 8, state real estate referral laws, or your broker's policies.

8.9 Trademark usage

"Realtor®" and "REALTOR®" are registered marks of the National Association of Realtors. You are responsible for proper use. We do not authorize and disclaim any use of NAR marks that violates NAR rules.

8.10 No guarantee of compliance

The Service may provide compliance-related workflows, prompts, templates, checklists, warnings, summaries, reminders, fair-housing flags, AI-generated suggestions, or other tools intended to support your professional, regulatory, brokerage, MLS, and disclosure obligations. Everynook does not guarantee that any feature will produce a legally, regulatorily, contractually, or ethically compliant outcome. Compliance suggestions, scores, flags, or output from the Service are not, and may not be relied on as, legal advice or a guarantee of compliance. You are solely responsible for your compliance with all applicable laws, MLS rules, NAR Code of Ethics, brokerage policies, and any other obligations of your role. The presence of compliance-related features does not transfer any of your compliance obligations to Everynook.

8.11 No brokerage supervision

Everynook is not a broker, broker-of-record, supervising broker, designated supervisor, or compliance officer for you or your brokerage. We do not supervise licensees, review transactions for legal sufficiency, audit brokerage operations, monitor your compliance with MLS or NAR rules, fulfill any broker-of-record obligations, or perform any function that requires real estate licensure. Those obligations remain with your supervising broker and with you. Workflows that mirror brokerage processes are aids to your work — not substitutes for required supervision.

8.12 No fiduciary duty

Everynook is a software provider. Everynook owes no fiduciary, agency, confidentiality, or other special duties to you, your brokerage, your clients, signers, buyers, sellers, landlords, tenants, leads, or any other party. Any fiduciary, agency, or confidentiality duties in connection with a real estate transaction or client relationship are between you (and your brokerage) and your client — not between Everynook and any of those parties.

8.13 Aggregated market insights and analytics

The Service includes market intelligence features built from de-identified, aggregated offer, transaction, listing-activity, and agent-contributed data submitted by Users (the "Aggregate Insights"). The Privacy Policy describes the de-identification methodology, antitrust safeguards, and fair housing safeguards applicable to Aggregate Insights (see Privacy Policy Section 4.5).

(a) Not professional advice. Aggregate Insights are descriptive of past market activity. They are not appraisals, broker price opinions, market analyses prepared under USPAP, investment advice, pricing recommendations, or any other form of professional advice. You may not represent Aggregate Insights to clients as a substitute for a CMA, BPO, or appraisal.

(b) Accuracy disclaimer. Aggregate Insights are derived from User-submitted data and are subject to the same accuracy limitations as that source data. We make no representation that Aggregate Insights are accurate, current, complete, or representative of any specific transaction, market, or property.

(c) Antitrust constraints on your use. Aggregate Insights are designed for individual professional decision-making. You may not (i) use Aggregate Insights to coordinate prices, commissions, or terms with competitors; (ii) share or systematically distribute Aggregate Insights among competing agents or brokerages outside the Service in a manner that could facilitate coordination; (iii) use Aggregate Insights as the basis for any horizontal agreement; or (iv) use Aggregate Insights in any manner inconsistent with federal or state antitrust law. You are responsible for your own antitrust compliance.

(d) Fair housing constraints on your use. You may not use Aggregate Insights to engage in or facilitate steering, redlining, or any practice prohibited by the Fair Housing Act, state or local fair housing law, or the NAR Code of Ethics. This includes using neighborhood-level aggregate data as a proxy for protected-class characteristics.

(e) Source distinction; no MLS redistribution. Aggregate Insights are derived from data Users submit to the Service. Aggregate Insights are not a redistribution of any MLS feed, IDX feed, or licensed MLS data product. To the extent your use of Aggregate Insights interacts with MLS rules or your separate MLS agreement, you are responsible for that compliance.

(f) No reverse-engineering or extraction. You may not attempt to re-identify individuals, properties, transactions, agents, or brokerages from Aggregate Insights; reverse-engineer the underlying source data; systematically extract Aggregate Insights to construct a competing dataset, market intelligence product, valuation model, or AI training corpus; or remove identifiers from Aggregate Insights only to combine with external data for re-identification.

(g) Our license to use your contributions. By using the Service, you authorize Everynook to use the offer, transaction, listing-activity, and agent-contributed data you submit (in de-identified, aggregated form, consistent with our Privacy Policy) to generate Aggregate Insights and to operate, improve, and commercialize the Service. See Section 12.3 for the broader license grant; this subsection clarifies how it applies to Aggregate Insights specifically.

9. NOOKSIGN: ELECTRONIC SIGNATURE SERVICE

9.1 Consent to electronic records and signatures (E-SIGN / UETA)

By using NookSign, you and each signer consent to: (a) conducting transactions electronically; (b) receiving disclosures and records electronically; and (c) signing Documents electronically. This consent satisfies the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. §§ 7001 et seq.) and applicable state Uniform Electronic Transactions Act (UETA) provisions. Consent may be withdrawn for future Documents by notifying the sender; withdrawal does not affect prior signed Documents. You may obtain a paper copy of any Document by contacting info@everynook.com (no fee).

9.2 Hardware/software requirements

To use NookSign you need a current web browser, an internet connection, a valid email address, and the ability to view PDF documents. If these requirements change materially, we will provide notice.

9.3 No legal advice; templates are starting points

Any contract templates, clause libraries, CoreTerm field mappings, or AI-generated draft language provided through NookSign are not legal advice and are not warranted to be appropriate for any specific transaction. You are responsible for review, customization, and legal compliance, including state-specific contract requirements, required disclosures, and broker-mandated language. We strongly recommend attorney review.

9.4 Documents that cannot be electronically signed

Certain Documents cannot be legally signed electronically in some or all jurisdictions, including (without limitation) wills, codicils, testamentary trusts, court orders, certain notices of default or repossession, and certain family-law documents. You are responsible for confirming that electronic signature is legally available for any Document you process.

9.5 Signer identity

NookSign does not perform government-ID verification. We confirm email-based access. You are responsible for confirming signer identity by any additional means appropriate to your transaction (e.g., notarization, KYC, in-person identification). We disclaim liability arising from misidentification.

9.6 Audit trail and document integrity

NookSign generates an audit trail for each Document, including timestamps, IP addresses, and event history. We use reasonable measures to maintain integrity, but we make no warranty that any specific audit trail will be admitted in any specific court or arbitration. Document integrity also depends on the parties' computers and networks, which are outside our control.

9.7 Document retention and access — tier-based; you are the record custodian

Document retention depends on your subscription tier:

• Premium subscriptions: Documents and audit trails are retained for the duration of your active Premium subscription, plus a 30-day grace period after expiration, downgrade, or Account termination, during which you may export.
• Non-Premium subscriptions (including free trials, basic plans, and any plan not designated Premium): Documents and audit trails are retained for thirty (30) days after the Document is completed (fully signed) or last modified, whichever is later, after which they may be permanently deleted from the Service. We will use commercially reasonable efforts to email a deletion warning to the Account holder at least 7 days before deletion of any Documents.
• All signers receive an emailed copy of every completed Document at execution. We strongly recommend that you and all signers retain those copies independently.

You acknowledge and agree that:

• (a) You — not Everynook — are the record custodian for your real estate transactions. State real estate licensing laws, MLS rules, and brokerage policies typically require licensees to retain executed contracts, addenda, disclosures, and related records for several years (often 3 to 7 years, sometimes longer). Those obligations are yours, not Everynook's, regardless of subscription tier. Everynook is a software tool, not a regulatory record-keeping service.
• (b) You will independently archive every executed Document as needed to meet your professional, regulatory, brokerage, and tax record-keeping obligations.
• (c) Everynook is not liable for inability to produce a Document, including in connection with any audit, regulatory inquiry, dispute, claim, or transaction. This Section 9.7 is a material allocation of risk between you and Everynook.
• (d) After Account termination, you have 30 days of read-only access to export Documents. After 30 days, Documents may be deleted, except where we are legally required to retain them.
• (e) Limited audit-trail metadata (signing events, hashes, timestamps) may be retained longer than the periods above where reasonably necessary to defend disputes, respond to legal process, or comply with law.

9.8 Notarization

NookSign does not provide remote online notarization (RON) unless expressly indicated for a specific feature. If RON is required, you must use a separately approved provider in compliance with your state's RON statute.

10. VIRTUAL NOOKS: AI VIRTUAL STAGING

10.1 Disclosure requirement

Many MLSs, state real estate commissions, and the NAR Code of Ethics require disclosure that photos have been virtually staged or AI-enhanced. When you publish, list, syndicate, or send Virtual Nooks output, you are responsible for applying the required watermark, caption, or disclosure (e.g., "Virtually Staged" or "AI-Enhanced") in a manner that complies with applicable rules. Failure to disclose may constitute material misrepresentation.

10.2 No structural alteration of property facts

Virtual staging and AI enhancement may add furniture, change paint colors, or modify finishes for illustration. You may not use Virtual Nooks to misrepresent material physical facts about the property (e.g., adding a non-existent room, concealing damage, altering structural features).

10.3 Source photo rights

The warranties in Section 8.5 apply with full force to source photos used in Virtual Nooks. You are responsible for confirming that AI-derived outputs are permitted by your photo license.

10.4 Third-party AI processing

Virtual Nooks may transmit source images to one or more third-party AI image-processing subprocessors (identified in our current subprocessor list). Providers may change from time to time and our subprocessor list will be updated accordingly. By using Virtual Nooks, you authorize this transmission and acknowledge such providers as subprocessors of your image data as further described in our Privacy Policy.

11. AI FEATURES, OUTPUTS, AND THIRD-PARTY AI PROVIDERS

11.1 What "AI" means in the Service

The Service uses AI for features including listing description drafting, document summarization, contract draft suggestions, image enhancement, Neighborhood Niche content suggestions, search, analytics over de-identified aggregate offer and transaction data to power Aggregate Insights under Section 8.13, and others. AI providers may include but are not limited to Anthropic, Google, and other reputable vendors, in various roles. We do not bind specific features to specific providers in this document, and we may add, change, or substitute providers from time to time. Our current subprocessor list is maintained in our Privacy Policy or at https://www.everynook.com/subprocessors.

11.2 AI output is probabilistic, not authoritative

AI outputs may be inaccurate, incomplete, biased, or fabricated ("hallucinated"). This is an inherent property of large language and generative models. You must:

• (a) Independently verify any AI output before relying on it, sending it to a client, publishing it, or including it in any Document; and
• (b) Treat AI output as a draft, not a finished product.

11.3 Not professional advice

AI output is not, and may not be relied on as, legal, financial, tax, real estate, appraisal, inspection, medical, or other professional advice. Section 8.2 applies in full.

11.4 Human-in-the-loop responsibility

You are the responsible human for every AI output you use. This includes liability for fair housing compliance, accuracy, disclosure, professional licensing duties, and client communications. We provide tools; you make the decisions.

11.5 Ownership of AI output

To the extent permitted by applicable law and the terms of underlying AI providers, and as between you and Everynook, you own the AI output generated by your Account, subject to: (a) the underlying rights of model providers; (b) the rights of any third party in source materials; (c) the license you grant us in Section 14; and (d) any limitations imposed by copyright law on AI-generated works. The legal status of AI-generated content is unsettled in many jurisdictions — for example, the U.S. Copyright Office has taken the position that purely AI-generated content is not copyrightable. We make no representation that AI output is original, non-infringing, copyrightable, protectable as intellectual property, or unique to you. Generative models can produce similar outputs for different users.

11.6 Model training

We do not knowingly authorize third-party AI providers to use your User Content to train their general-purpose models. Where a provider's standard offering includes training, we use offerings that disable training (e.g., commercial API tiers, enterprise contracts) where commercially available. We may use de-identified, aggregated usage data to improve the Service. See our Privacy Policy for details and any available opt-outs.

11.7 Compliance with AI laws

You are responsible for complying with applicable AI laws, including but not limited to the Colorado Artificial Intelligence Act, California SB 942 and SB 1001, Utah's AI Policy Act, the EU AI Act (if applicable), and any disclosure or impact-assessment requirements affecting your jurisdiction.

11.8 Indemnification carve-out for AI

The indemnification you provide in Section 21 expressly extends to claims arising from: your reliance on AI output without verification, your failure to disclose AI involvement where required, and any third-party rights claim arising from AI output you used.

11.9 AI Features as experimental assistance

AI Features are experimental assistance tools, not authoritative sources. They may produce erroneous, misleading, incomplete, or legally insufficient results, including in contexts where you might reasonably expect accuracy (legal language, regulatory references, contract drafting, fair housing review, deadline tracking, market data, valuation, OCR/extraction, clause generation, and similar). You agree to treat all AI Features as drafts that require human review, professional judgment, and independent verification before any use that has consequences for you, your clients, or third parties.

11.10 Scores, rankings, recommendations, and inferences

Any scores, rankings, insights, predictions, recommendations, risk assessments, prioritizations, market analyses, valuation suggestions, compliance flags, or similar outputs generated by the Service are informational only. They may rely on incomplete, outdated, biased, or AI-generated information; they may produce different results for similar inputs; and they are not professional, legal, financial, or fiduciary advice. You are solely responsible for any decisions that incorporate such outputs, including decisions affecting clients, transactions, pricing, marketing, listing strategy, or compliance.

12. USER CONTENT AND CONTRIBUTIONS

12.1 Your responsibility

You are solely responsible for User Content you upload, generate, share, or transmit. We do not pre-screen User Content (though we may use automated moderation tools) and we do not endorse or guarantee User Content.

12.2 Your warranties

For each item of User Content, you represent and warrant that:

• (a) You own it or have all necessary rights and licenses to use, display, and grant the license in Section 12.3;
• (b) It does not violate any law (including fair housing, defamation, privacy, publicity, or IP laws);
• (c) It is accurate and not misleading;
• (d) You have obtained any required consents from individuals depicted; and
• (e) It does not contain malware, spam, or harmful code.

12.3 License you grant us

You grant Everynook a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, display, distribute, transmit, modify (e.g., resize, reformat), and create derivative works of your User Content solely to operate, provide, improve, and promote the Service. This license terminates when you delete the User Content and we complete routine deletion, except: (i) for User Content you have shared with other Users or made publicly available, (ii) for backup copies kept for a reasonable period, (iii) where retention is required by law, and (iv) for any de-identified or aggregated derivatives of your User Content (including data points incorporated into Aggregate Insights under Section 8.13), which survive deletion and may be retained, used, and shared indefinitely in their de-identified form consistent with our Privacy Policy. This survival clause for de-identified derivatives is a fundamental basis of our bargain — the Service's market intelligence features depend on a stable contribution pool.

We do not use your User Content for general marketing of Everynook to the public without your consent except for de-identified aggregate uses (e.g., "X% of agents on Everynook do Y").

12.4 Moderation and removal

We may remove, refuse, or restrict User Content at any time, with or without notice, for any reason or no reason, including suspected illegality, violation of these Terms, or risk to the Service. Decisions are at our discretion. We do not waive Section 230 protections by exercising editorial discretion.

12.5 Reviews

For ratings or reviews you submit:

• You must have first-hand experience with the subject;
• You may not misrepresent your identity or affiliation;
• You may not be compensated or threatened by a third party;
• You may not violate confidentiality obligations to clients;
• You may not include private personal data of others; and
• You may not coordinate review campaigns.

We may verify, edit (for clarity, not substance), or remove reviews. Consistent with the Consumer Review Fairness Act of 2016, we do not penalize honest reviews. Negative honest reviews are permitted.

13. NEIGHBORHOOD NICHE / AREA INSIGHTS (COMMUNITY CONTENT)

13.1 What this is

Area Insights / Neighborhood Niche provides space for Users to share neighborhood-level information. It is a forum for opinions and observations. Information may be subjective, outdated, or inaccurate.

13.2 No steering or discriminatory content

Statements that a neighborhood is "safe," "unsafe," "family-friendly," "good for X group," or that use coded references to race, religion, national origin, or familial status are prohibited. This is the highest-risk category of content under fair housing law. We may remove such content and terminate accounts for repeat violations.

13.3 Defamation and accuracy

Statements of fact must be true. Opinions must be labeled as opinions. Statements about specific named individuals, businesses, or addresses are higher-risk and may be removed if they appear actionable.

13.4 Reporting

You may report problematic content to abuse@everynook.com. We aim to review reports promptly but do not guarantee any specific response time. For copyright issues, see Section 17.

13.5 Section 230

We are an interactive computer service under 47 U.S.C. § 230. To the fullest extent permitted by law, we are not the publisher of User Content and are not liable for third-party content.

14. INTELLECTUAL PROPERTY

14.1 Our IP

Everynook, our logos, all Everynook Content (including source code, designs, AI prompts, model configurations, and product names like "NookSign," "Virtual Nooks," and "Neighborhood Niche"), and any improvements thereto are our exclusive property. All rights reserved.

14.2 Feedback

If you give us feedback, suggestions, or ideas about the Service, we may use them without restriction and without compensation. You assign to us any rights necessary to do so.

14.3 Anti-scraping and AI training restriction

You may not, and may not permit any party to, scrape, crawl, harvest, or otherwise extract data from the Service except through documented public APIs (if any). You may not use the Service to create datasets for AI training or for any AI/ML model development. Bots, agents, and automated tools are prohibited except for standard search-engine indexing of public pages.

15. COMMUNICATIONS

15.1 Email and CAN-SPAM

By creating an Account, you consent to receive transactional emails. We may also send marketing emails, which you may opt out of via the unsubscribe link or by emailing info@everynook.com. Transactional emails (security alerts, billing, document delivery) are required for the Service and cannot be opted out of while your Account is active.

15.2 SMS / Text Messages (TCPA Compliance)

Express written consent. If you provide your mobile number and opt in to SMS, you provide express written consent under the Telephone Consumer Protection Act (TCPA) and FCC rules to receive marketing, promotional, and transactional text messages from Everynook, including via automatic telephone dialing systems and prerecorded voice messages.

Consent is not a condition of purchase. You may use the Service without opting in to SMS.

Frequency. Up to 10 messages per month (frequency may vary).

Costs. Message and data rates may apply per your carrier plan.

Opt-out. Reply STOP to any SMS to unsubscribe. Reply HELP for help. You may also email info@everynook.com.

Carriers. Carriers are not liable for delayed or undelivered messages.

Consent records. We maintain records of your opt-in consent as required by the TCPA and the FCC's One-to-One Consent rule.

Real estate–related messages. TCPA applies regardless of whether messages are marketing. Brokerages and Agents using Everynook to send messages to consumers (including via integrations) are solely responsible for obtaining TCPA-compliant consent from those consumers.

15.3 Push notifications

The mobile app may send push notifications via the native push services of Apple (APNs) and Google (Firebase Cloud Messaging / FCM). You can disable push notifications in your device settings.

15.4 Phone calls

We do not currently make outbound marketing calls. If we do in the future, we will follow TCPA and applicable Do-Not-Call rules.

15.5 No guarantee of message or workflow delivery

The Service relies on third-party email, SMS, push notification, calendar, document, integration, and infrastructure providers, all of which are outside our control. Everynook does not guarantee delivery, transmission, receipt, routing, timing, accuracy, or completion of any message, reminder, notification, document, signature invitation, lender request, MLS sync, integration update, calendar event, or other workflow step. Communications may be delayed, undelivered, filtered as spam, blocked by carriers, queued behind a third-party outage, mis-routed, or otherwise affected by recipient device, account, network, or carrier conditions.

You are solely responsible for independently monitoring transaction deadlines, contingencies, expirations, deliveries, signatures, notices, escrow dates, license renewals, and other contractual, regulatory, or professional obligations. Do not rely on Everynook reminders or notifications as your sole timekeeping or deadline-tracking system. Reminders and notifications are conveniences, not substitutes for the agent's professional responsibility for transaction management.

16. PRIVACY AND DATA PROTECTION

16.1 Privacy Policy

Our Privacy Policy at https://www.everynook.com/privacy_policy describes how we collect, use, share, and retain personal information.

16.2 State privacy law rights

If you are a resident of a U.S. state with a comprehensive privacy law (including but not limited to California, Maryland, Virginia, Colorado, Connecticut, Utah, Texas, Florida, Oregon, Montana, Delaware, New Jersey, Tennessee, Iowa, Minnesota, Indiana, Kentucky, Rhode Island, New Hampshire, and Nebraska), you have rights under those laws, including (depending on state): the right to know, access, correct, delete, port, opt out of "sale" or "sharing," opt out of targeted advertising, and opt out of certain profiling. To exercise these rights, follow the instructions in our Privacy Policy.

16.3 Maryland Online Data Privacy Act (MODPA)

For Maryland residents, the Maryland Online Data Privacy Act (effective October 2025) provides specific protections, including data minimization, restrictions on processing sensitive data without consent, and restrictions on processing data of consumers reasonably believed to be under 18. We comply with MODPA as further described in our Privacy Policy.

16.4 International users

The Service is hosted in the United States. If you access the Service from outside the U.S., you consent to the transfer of your data to the United States. We are not affirmatively targeting the EU/UK, but for any users to whom the GDPR or UK GDPR applies, we will provide a Data Processing Addendum on request.

16.5 No HIPAA / GLBA / FERPA

The Service is not designed for, and is not to be used for, protected health information (HIPAA), financial information governed by the Gramm-Leach-Bliley Act (GLBA), educational records (FERPA), or other regulated data categories. Do not upload such data.

17. SECURITY

17.1 Our commitments

We implement administrative, technical, and physical safeguards reasonably designed to protect User Content, including encryption in transit and at rest where appropriate, access controls, and routine monitoring. We rely on reputable infrastructure providers, including Amazon Web Services (AWS).

17.2 No system is perfectly secure

No security measures are perfect or impenetrable. We do not guarantee that the Service or your User Content will be free from unauthorized access, breach, or compromise. Industry standards evolve, and threats evolve faster.

17.3 Your obligations

You agree to use strong, unique passwords; enable two-factor authentication when available; keep your devices and software updated; not share credentials; and not access the Service over untrusted networks for sensitive transactions.

17.4 Breach notification

If we discover a security incident involving your personal information, we will notify you and any required regulators as required by applicable law (including state breach notification laws and MODPA). Specific timelines depend on jurisdiction.

17.5 Account compromise

If you suspect your Account is compromised, notify us immediately at security@everynook.com. You remain responsible for activity under your Account until you notify us and we confirm the Account is secured.

17.6 Vulnerability reporting

Researchers may report vulnerabilities to security@everynook.com. We do not offer a formal bug bounty unless separately announced. Researchers acting in good faith and consistent with widely accepted disclosure practices (no data exfiltration, no service disruption, prompt private disclosure) will not face legal action from us.

18. THIRD-PARTY SERVICES AND INTEGRATIONS

18.1 Linked services

The Service may link to or integrate with third-party services (e.g., MLS feeds, CRM tools, payment processors, AI providers, social networks, email/SMS providers). We are not responsible for third-party services. Your use of them is governed by their terms and policies.

18.2 Subprocessors

We engage subprocessors for hosting, AI processing, email, SMS, push notifications, analytics, and similar functions. Current subprocessors are listed in our Privacy Policy.

18.3 Third-party content

We do not endorse third-party content and disclaim responsibility for it.

18.4 Advertising

The Service may include advertisements, including advertisements served by Everynook directly and advertisements served by third-party advertising partners or ad networks. By using the Service, you agree that advertisements may be displayed to you. We may target advertisements based on Account, profile, and usage data, subject to the privacy choices and opt-out rights described in our Privacy Policy and applicable law (including state privacy laws that provide a right to opt out of targeted advertising). Products and services advertised on the Service are offered by third parties, and your interactions with advertisers — including any purchases or communications — are between you and the advertiser. We are not responsible for advertised products or services, and inclusion of an advertisement does not constitute an endorsement.

19. MOBILE APPLICATIONS

19.1 License

Subject to these Terms, we grant you a limited, non-transferable, revocable, non-exclusive license to install and use the Everynook mobile app on a device you own or control.

19.2 Apple App Store (Apple-required terms)

If you obtain the app from the Apple App Store:

• This is an agreement between you and Everynook, not Apple. Apple is not responsible for the app or its content.
• The license is non-transferable, limited to use on Apple-branded products you own or control, and subject to the App Store Usage Rules.
• Apple has no maintenance or support obligation for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation.
• Everynook (not Apple) is responsible for addressing any claims relating to the app, including product liability, legal/regulatory compliance, and consumer protection claims.
• Everynook (not Apple) is responsible for addressing third-party claims that the app or your use of it infringes IP rights.
• You represent you are not located in a country subject to a U.S. government embargo or designated as "terrorist supporting," and you are not on any U.S. government list of prohibited or restricted parties.
• You must comply with applicable third-party terms (e.g., your wireless carrier's terms).
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

19.3 Google Play

If you obtain the app from Google Play, you also agree to comply with Google's Play Store terms and developer policies.

20. BETA / PREVIEW FEATURES

We may offer features designated as "beta," "preview," "early access," or similar. These features are provided as-is, may change or be discontinued without notice, may have bugs or unexpected behavior, and are excluded from any service-level commitments. You assume all risk of using beta features.

21. INDEMNIFICATION

You will defend, indemnify, and hold harmless Everynook, our affiliates, and our and their respective officers, members, employees, agents, and contractors from and against any third-party claim, demand, action, proceeding, loss, damage, liability, settlement, fine, penalty, cost, or expense (including reasonable attorneys' fees) arising out of or related to:

• (a) Your User Content;
• (b) Your use of the Service;
• (c) Your violation of these Terms;
• (d) Your violation of any law, including fair housing, real estate licensing, MLS rules, TCPA, CAN-SPAM, privacy/data protection laws, securities laws, anti-discrimination laws, or sanctions/export-control laws;
• (e) Your violation of any third party's rights, including IP, privacy, publicity, or contract rights;
• (f) Listings, photos, contracts, or other Documents you upload, send, or sign;
• (g) Your reliance on, or failure to verify, AI output;
• (h) Your failure to disclose AI involvement (e.g., virtual staging) where required;
• (i) Your relationship with your clients or any other party in a real estate transaction; or
• (j) Any breach of your representations and warranties.

We may assume defense and control at our option (at your expense for items (a)–(j) above) and you will cooperate. You will not settle any matter affecting Everynook without our prior written consent.

22. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS-ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

22.1 Informal resolution first

Before initiating arbitration, you and Everynook agree to attempt to resolve any dispute informally for at least 60 days. The party initiating must send a written notice to info@everynook.com (if from you) or to your registered email (if from Everynook) describing the dispute and the relief sought, including the claimant's name, address, and account information. Failure to provide notice is a material breach of this Section.

22.2 Binding arbitration

Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") that is not resolved informally will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under the AAA's Commercial Arbitration Rules and, where applicable, Consumer Arbitration Rules. By agreeing to arbitration, you waive your right to a jury trial and your right to participate in a class action.

The arbitration will take place in Howard County, Maryland (or remotely at the arbitrator's discretion, or in the county of your residence if the AAA Consumer Rules require it). The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction.

22.3 Class-action waiver

You and Everynook agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or consolidated action. Arbitrations may not be consolidated without all parties' written consent. The arbitrator may not preside over any form of representative or class proceeding.

22.4 Mass arbitration protocol

If 25 or more similar claims are submitted to AAA against Everynook by claimants represented by the same or coordinated counsel within a 90-day period ("Mass Filing"), the parties agree the following procedures apply, to the extent permitted by AAA rules and applicable law:

• (a) The claims will be batched into groups of up to 50;
• (b) The first batch will proceed as bellwether arbitrations to inform settlement of the remaining batches;
• (c) Subsequent batches will be stayed pending bellwether resolution; and
• (d) AAA filing fees attributable to subsequent batches are not advanced or owed by Everynook until each batch's bellwether process completes.

If a court finds this Section 22.4 unenforceable, the Mass Filing claims will instead proceed in court, not in arbitration.

22.5 Exceptions to arbitration

The following may be brought in court, not arbitration:

• (a) Claims for injunctive relief to protect IP or stop unauthorized use of the Service;
• (b) Small-claims-court claims that qualify under that court's rules; and
• (c) Claims excluded by applicable law.

22.6 Governing law and venue (for non-arbitrated matters)

These Terms are governed by Maryland law, excluding conflict-of-laws principles. For any matter not subject to arbitration, exclusive venue is the state or federal courts located in Howard County, Maryland, and both parties consent to personal jurisdiction there.

22.7 Right to opt out of arbitration

You may opt out of Section 22.2 (arbitration) and Section 22.3 (class-action waiver) by sending written notice to info@everynook.com within 30 days after first accepting these Terms. Your notice must include your name, address, account email, and the statement "I opt out of arbitration." Opt-out does not affect other provisions of these Terms. You may not opt out later for future Disputes.

22.8 Time limit

Any Dispute must be filed within one year after the cause of action arose, or it is permanently barred, except where applicable law prohibits such limitation.

22.9 Severability of this section

If the class-action waiver is found unenforceable as to any specific claim, that claim must be severed and proceed in court; the rest of this Section 22 remains in effect for other claims.

23. DISCLAIMERS OF WARRANTIES

THE SERVICE AND ALL CONTENT, INCLUDING AI OUTPUT AND EXECUTED DOCUMENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERYNOOK DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
• (B) DEFECTS WILL BE CORRECTED;
• (C) AI OUTPUTS WILL BE ACCURATE, COMPLETE, NON-INFRINGING, OR FIT FOR YOUR PURPOSE;
• (D) DOCUMENTS PROCESSED THROUGH NOOKSIGN WILL BE ENFORCEABLE IN ANY SPECIFIC JURISDICTION OR TRANSACTION;
• (E) LISTING DATA, PROPERTY DATA, OR NEIGHBORHOOD CONTENT WILL BE ACCURATE OR CURRENT; OR
• (F) THE SERVICE OR ANY DATA WILL BE FREE OF VIRUSES OR HARMFUL CODE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

23.2 No service-level commitments

Without limiting the disclaimers above, the Service is provided without any service-level agreement, uptime guarantee, recovery time objective (RTO), recovery point objective (RPO), support response time, or maintenance window commitment. Unless you have entered into a separate written enterprise agreement signed by an authorized officer of Everynook that expressly provides for service levels, no such commitments exist. Outages, maintenance, latency, and degraded performance may occur and do not entitle you to a refund, credit, or other remedy.

24. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

24.1 Excluded damages

EVERYNOOK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOST REVENUE; LOST DATA; LOSS OF GOODWILL; OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

24.2 Liability cap

EVERYNOOK'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO EVERYNOOK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

24.3 Carve-outs

The limitations in Sections 24.1 and 24.2 do not apply to: (a) your indemnification obligations; (b) your violations of Section 7 (Acceptable Use) or Section 14 (IP); (c) liability that cannot be limited by law (e.g., gross negligence or willful misconduct in some jurisdictions, fraud, death or personal injury caused by negligence).

24.4 Allocation of risk

The disclaimers, exclusions, and liability limits in these Terms reflect a reasonable allocation of risk between you and Everynook, are a fundamental basis of our bargain, and would apply differently if not enforceable.

24.5 State variations

Some states do not allow the exclusion or limitation of certain damages; in such states, our liability is limited to the smallest extent permitted by law.

24.6 Transaction-specific exclusions

Without limiting Section 24.1, and in addition to the general exclusions above, Everynook will not be liable for any of the following, regardless of cause and regardless of whether Everynook was advised of the possibility:

• Failed, canceled, or delayed closings
• Rejected offers, lost bids, or counteroffer failures
• Lost, reduced, or disputed commissions
• Missed deadlines, contingencies, inspection windows, or option periods
• MLS fines, sanctions, or removal of listing rights
• Real estate license discipline, suspension, or revocation
• Brokerage discipline or termination
• Fair housing claims, complaints, or investigations
• Disclosure disputes, including failure-to-disclose claims
• Escrow disputes, holdbacks, or release issues
• Lender, title, appraisal, inspection, or survey disputes
• Buyer-broker or listing-agreement disputes
• Loss of leads, referrals, or business opportunities
• Reputational harm or loss of professional standing
• Other transaction-related losses, direct or indirect

These exclusions apply whether the loss is alleged to arise from AI Features, NookSign, listings, communications, AI scoring/ranking, compliance flags, reminders, or any other aspect of the Service.

25. TERM AND TERMINATION

25.1 Term

These Terms apply while you use the Service and survive termination as set forth in Section 25.5.

25.2 Termination by you

You may terminate at any time by canceling your subscription (see Section 5.4) and ceasing use of the Service. Cancellation does not refund prior payments.

25.3 Termination by Everynook

We may suspend or terminate your Account or access at any time, with or without cause and with or without notice, including for breach of these Terms, suspected fraud, suspected security risk, license issues, non-payment, or business reasons.

25.4 Effect of termination

On termination: (a) your right to access the Service ends; (b) you should download User Content (including NookSign Documents) within 30 days; (c) we may delete your data thereafter, subject to legal retention obligations; and (d) accrued fees remain due.

25.5 Survival

The following survive termination: Sections 2 (Definitions), 5.7 (Disputed Charges), 8 (Real-Estate Specific Provisions, as to past use), 9.7 (NookSign retention), 11 (AI), 12.3 (License you Grant Us), 14 (IP), 15.5 (No Guarantee of Delivery), 16 (Privacy), 21 (Indemnification), 22 (Dispute Resolution), 23 (Disclaimers), 24 (Liability), 25.4 (Effect of Termination), 25.5 (Survival), and 26–32 (Miscellaneous).

26. FORCE MAJEURE

Neither party is liable for any failure or delay caused by events beyond reasonable control, including acts of God, war, terrorism, riots, embargoes, governmental orders, public health emergencies, pandemics, fires, floods, earthquakes, severe weather, internet or telecommunications failures, AI provider outages, supply chain disruptions, cyberattacks, ransomware, or other malicious acts of third parties.

27. EXPORT CONTROLS AND SANCTIONS

You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to U.S. comprehensive sanctions (including Cuba, Iran, North Korea, Syria, and the Crimea, DNR, and LNR regions of Ukraine), and you are not on any U.S. or other applicable sanctions or denied-party list. You will not use, export, or re-export the Service in violation of U.S. export laws.

28. NOTICES

28.1 Notices to you

We may give notice by email to your Account email, by in-app notification, or by posting to the Service.

28.2 Notices to us

Legal notices to Everynook must be sent in writing to:

Every Nook, LLC Attn: Legal 6325 Woodside Court, Suite 105 Columbia, MD 21046 United States

With a courtesy copy to info@everynook.com.

28.3 DMCA Designated Agent

For copyright takedown notices, see Section 30. Our Designated Agent is registered with the U.S. Copyright Office and may also be reached at the address above.

29. CONSUMER DISCLOSURES

29.1 California users

If a complaint is not resolved, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.

29.2 New Jersey users

The provisions of these Terms regarding limitations of liability, indemnification, and class-action waiver are intended to be as broad as permitted under New Jersey law. To the extent any provision is found unenforceable under New Jersey law, it will be modified to the minimum extent necessary.

30. DIGITAL MILLENNIUM COPYRIGHT ACT

We respect copyright. To submit a notice of claimed infringement under 17 U.S.C. § 512(c), send a written notice to our Designated Agent including:

• (a) Identification of the copyrighted work;
• (b) Identification of the allegedly infringing material and its location on the Service;
• (c) Your contact information;
• (d) A good-faith statement that the use is not authorized;
• (e) A statement, under penalty of perjury, that the information is accurate and you are authorized to act for the owner; and
• (f) Your physical or electronic signature.

We will respond as required by the DMCA and may remove material, terminate repeat infringers' accounts, and provide a counter-notification procedure consistent with 17 U.S.C. § 512(g).

Designated Agent: Peter J. Boscas Attn: Copyright Agent Every Nook, LLC 6325 Woodside Court, Suite 105 Columbia, MD 21046 dmca@everynook.com (888) 502-6080

(Registration with the U.S. Copyright Office DMCA Designated Agent Directory will be maintained current.)

31. ELECTRONIC COMMUNICATIONS AND SIGNATURES

You consent to receive all communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement for writing. You also consent to use electronic signatures and records for any transactions on or through the Service, in accordance with E-SIGN and applicable UETA provisions (see Section 9.1 for NookSign-specific consent).

32. MISCELLANEOUS

32.1 Entire agreement

These Terms (with the Privacy Policy, any feature-specific terms, and any subscription order) are the entire agreement between you and Everynook regarding the Service.

32.2 No waiver

Our failure to enforce any provision is not a waiver.

32.3 Severability

If any provision is unenforceable, the remainder remains in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

32.4 Assignment

You may not assign these Terms without our prior written consent. We may assign without restriction, including in connection with a merger, sale, financing, or reorganization.

32.5 No third-party beneficiaries

Except for Apple and Google as expressly identified in Section 19 and our affiliates and agents in Section 21, there are no third-party beneficiaries.

32.6 Relationship

The parties are independent contractors. Nothing creates an agency, partnership, joint venture, employment, fiduciary, or brokerage relationship.

32.7 Headings and interpretation

Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against the drafter.

32.8 Government users

The Service is "commercial computer software" under FAR 12.212 and DFARS 227.7202. Government use is subject to these Terms.

32.9 UCITA / CISG excluded

The Uniform Computer Information Transaction Act and the U.N. Convention on Contracts for the International Sale of Goods do not apply.

32.10 Translations

If these Terms are provided in any language other than English, the English version controls.

33. CONTACT

General / billing: info@everynook.com Privacy requests: privacy@everynook.com Security issues: security@everynook.com Abuse / content reports: abuse@everynook.com DMCA / copyright: dmca@everynook.com

Mailing address: Every Nook, LLC 6325 Woodside Court, Suite 105 Columbia, MD 21046 United States (888) 502-6080