Terms of Service

1. Definitions

For purposes of these Terms, the following definitions apply:

• "Platform" means the CurbPage web application, mobile applications, APIs, software, content, and all related services provided by CurbPage.

• "Agent" means a licensed real estate professional who has registered for an account on the Platform.

• "User" means any individual who accesses or uses the Platform under a registered account, including Agents, transaction coordinators, brokerage administrators, and authorized brokerage staff.

• "Client" means a homebuyer, home seller, or other person whose real estate transaction is managed through the Platform by an Agent. For the avoidance of doubt, "Client" in these Terms refers to the Agent's customers, not to CurbPage's customers.

• "Brokerage" means the real estate brokerage entity under which an Agent is licensed or employed and which may have a brokerage-level account on the Platform.

• "Transaction" means a real estate purchase, sale, or other property transaction created and managed within the Platform.

• "Agent Data" means all data, content, documents, communications, and information that Users upload, submit, create, or store on the Platform in connection with their use of the services.

• "Client Data" means personally identifiable information or other data relating to a Client that is uploaded, submitted, or stored on the Platform by an Agent.

• "Subscription" means a paid or trial subscription plan that grants access to the Platform for a defined period and feature set.

• "Beta Period" means any period during which CurbPage makes the Platform available on a complimentary or reduced-cost basis prior to general commercial launch.

• "CurbPage Content" means the Platform itself, all underlying software, algorithms, workflows, templates, user interface elements, documentation, and any other content owned or licensed by CurbPage.

2. Account Registration and Eligibility

2.1 Eligibility

To register for and use the Platform, you must: (a) be at least 18 years of age; (b) be a licensed real estate professional, brokerage-authorized staff member, or transaction coordinator operating under a licensed brokerage; (c) have the legal capacity to enter into a binding agreement; and (d) not be barred from using the Platform under applicable law. CurbPage reserves the right to verify licensure status at any time.

2.2 Account Creation

You agree to provide accurate, current, and complete information during registration and to keep your account information up to date at all times. You are responsible for all activities that occur under your account, whether or not authorized by you. You must immediately notify CurbPage at hello@curbpage.com if you suspect any unauthorized access to or use of your account.

2.3 Account Security

You are responsible for maintaining the confidentiality and security of your login credentials. You may not share your account credentials with any third party. Each User must have their own individual login. If you are a brokerage administrator, you may provision access for authorized agents and staff through the Platform's team management features, subject to Section 9.

2.4 One Account Per User

Each individual may maintain only one active account on the Platform. Creating duplicate or false accounts is prohibited and may result in immediate termination.

3. Subscription Plans and Payment

3.1 Subscription Plans

CurbPage offers subscription plans at various price points and feature tiers as described on the CurbPage website (curbpage.com). CurbPage reserves the right to introduce, modify, or discontinue subscription plans at any time, subject to the notice provisions in Section 17.

3.2 Beta Period

If you access the Platform during a designated Beta Period, you acknowledge that: (a) the Platform is provided on a complimentary or reduced-cost basis for a defined trial period; (b) the Beta Period will conclude on the date specified in your Beta agreement or as communicated by CurbPage; (c) continued use of the Platform following the conclusion of the Beta Period requires your transition to a paid Subscription; and (d) CurbPage may discontinue, modify, or limit features during or following the Beta Period. Failure to convert to a paid Subscription upon expiration of the Beta Period will result in suspension of access.

3.3 Billing and Payment

Paid Subscriptions are billed in advance on the applicable billing cycle (monthly or annual). By providing a payment method, you authorize CurbPage (through its payment processor, Stripe, Inc.) to charge your payment method for all applicable fees. All payments are subject to Stripe's Terms of Service. You are responsible for ensuring your payment information remains accurate and current.

3.4 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel prior to the renewal date. You may cancel your Subscription at any time through your account settings or by contacting hello@curbpage.com. Cancellation takes effect at the end of the then-current billing period; no prorated refunds are issued for partial periods.

3.5 Price Changes

CurbPage may modify Subscription pricing at any time. You will receive at least 30 days' advance written notice of any price change before it takes effect. Your continued use of the Platform following the effective date of a price change constitutes your acceptance of the new pricing. If you do not agree to a price change, you may cancel your Subscription before the change takes effect.

3.6 No Refunds

All fees are non-refundable except as required by applicable law or as expressly stated in a written agreement between you and CurbPage. This includes fees charged for partial billing periods following cancellation.

3.7 Taxes

Subscription fees are exclusive of all applicable taxes, levies, and duties. You are responsible for paying all such taxes associated with your Subscription, except for taxes assessed on CurbPage's net income.

3.8 Suspension for Non-Payment

If any payment is not received by the due date, CurbPage may suspend your access to the Platform without prior notice until all outstanding amounts are paid in full. CurbPage is not liable for any loss or damage resulting from such suspension.

4. Permitted Use and Restrictions

4.1 Permitted Use

Subject to these Terms and your active Subscription, CurbPage grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your legitimate real estate transaction management activities in accordance with these Terms and all applicable laws.

4.2 Restrictions

You agree not to, and not to permit any third party to:

• Copy, modify, create derivative works of, distribute, sell, resell, sublicense, or otherwise exploit the Platform or any CurbPage Content for any purpose;

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any portion of the Platform;

• Use automated means, including bots, scrapers, crawlers, or spiders, to access or interact with the Platform;

• Circumvent, disable, or interfere with any security-related features of the Platform;

• Use the Platform to store, transmit, or distribute any malware, viruses, or other malicious code;

• Use the Platform in any manner that violates applicable law, including real estate licensing laws, consumer protection laws, or privacy laws;

• Access or use the Platform to provide services to third parties as a service bureau, managed service provider, or similar arrangement without CurbPage's prior written consent;

• Use the Platform to harass, harm, or discriminate against any person, including Clients;

• Impersonate CurbPage, another user, or any other person or entity;

• Remove, alter, or obscure any proprietary notices, labels, or marks on the Platform;

• Use the Platform in violation of any applicable MLS rules, NAR code of ethics, or state real estate commission regulations.

4.3 Compliance with Laws

You are solely responsible for ensuring your use of the Platform complies with all applicable federal, state, and local laws and regulations, including the Real Estate Settlement Procedures Act (RESPA), the Fair Housing Act, applicable state real estate licensing laws, and data protection laws.

5. User Content and Agent Data

5.1 Ownership of Agent Data

You retain all right, title, and interest in and to your Agent Data. CurbPage does not claim ownership of any Agent Data or Client Data that you upload, submit, or store on the Platform.

5.2 License to CurbPage

By submitting Agent Data to the Platform, you grant CurbPage a limited, non-exclusive, royalty-free license to access, process, store, and use your Agent Data solely to: (a) provide and operate the Platform for your benefit; (b) improve and develop the Platform, including through the use of aggregated, de-identified, and anonymized data; (c) comply with applicable legal obligations; and (d) enforce these Terms. This license terminates upon deletion of your data pursuant to Section 13.

5.3 Data Accuracy

You are solely responsible for the accuracy, completeness, and legality of all Agent Data you submit to the Platform. CurbPage does not verify, validate, or review Agent Data for accuracy and makes no representations regarding the correctness of any transaction information entered by Users.

5.4 Aggregated and Anonymized Data

CurbPage may use aggregated, de-identified, and anonymized data derived from the use of the Platform for product development, analytics, benchmarking, and other legitimate business purposes. Such use will not identify you or your Clients individually.

5.5 Content Standards

You agree that all content you submit to the Platform will: (a) be accurate and not misleading; (b) not infringe any third party's intellectual property, privacy, or other rights; (c) not contain any unlawful, defamatory, harassing, abusive, or discriminatory material; and (d) comply with all applicable laws.

6. Client Data and Privacy

6.1 Agent as Data Controller

When you upload or store Client Data on the Platform, you are acting as the data controller with respect to that Client Data. CurbPage acts as a data processor on your behalf, processing Client Data only in accordance with your instructions and these Terms.

6.2 Agent's Obligations

You represent and warrant that: (a) you have obtained all necessary consents, authorizations, and permissions from your Clients to collect, process, and store their personal information on the Platform; (b) your collection and use of Client Data complies with all applicable privacy laws, including any state data protection laws applicable to your jurisdiction; and (c) you have disclosed to your Clients how their data will be used in connection with the Platform in a manner sufficient to satisfy applicable legal requirements.

6.3 CurbPage's Privacy Practices

CurbPage's collection and use of personal information in connection with the Platform is described in the CurbPage Privacy Policy, available at curbpage.com/privacy, which is incorporated into these Terms by reference. By using the Platform, you agree to the Privacy Policy.

6.4 Data Security

CurbPage implements commercially reasonable technical and organizational security measures designed to protect Client Data against unauthorized access, disclosure, alteration, or destruction. However, no method of transmission or storage is completely secure, and CurbPage cannot guarantee the absolute security of your data.

6.5 No Sale of Client Data

CurbPage will not sell, rent, or lease Client Data to any third party for marketing or other commercial purposes unrelated to providing the Platform.

7. CurbPage's Role

7.1 Technology Platform Only

CurbPage is a technology platform that provides tools to assist real estate agents with transaction management, client communication, and workflow organization. CurbPage is not a licensed real estate broker, real estate agent, transaction coordinator, attorney, financial advisor, or any other regulated professional.

7.2 No Professional Advice

Nothing on the Platform constitutes legal, financial, real estate, tax, or other professional advice. CurbPage does not review, validate, or advise on the accuracy, completeness, or legality of any transaction data, documents, or communications that you enter or manage through the Platform. You are solely responsible for all professional judgments and decisions made in connection with your transactions.

7.3 No Guarantee of Transaction Outcomes

CurbPage does not guarantee the successful completion of any transaction, the satisfaction of any Client, or compliance of any transaction with applicable laws or regulations. The use of the Platform does not substitute for your professional judgment, licensure, or obligations under applicable law.

7.4 No Warranty of Third-Party Information

The Platform may display data, templates, or content sourced from third parties. CurbPage does not warrant the accuracy, completeness, or fitness for any particular purpose of such third-party content.

8. Agent Responsibilities

8.1 Accurate Data Entry

You are responsible for ensuring that all transaction data, Client information, deadlines, documents, and other information entered into the Platform is accurate, complete, and current. CurbPage is not liable for any loss or harm arising from inaccurate or incomplete data you enter into the Platform.

8.2 Professional Obligations

Your use of the Platform does not relieve you of any of your professional obligations as a licensed real estate agent, including but not limited to fiduciary duties to your Clients, disclosure obligations, fair housing compliance, and adherence to the NAR Code of Ethics and your state real estate commission's rules and regulations.

8.3 Brokerage Policy Compliance

You are responsible for ensuring that your use of the Platform complies with all applicable policies, procedures, and requirements of your licensed brokerage. CurbPage does not guarantee that use of the Platform will satisfy any particular brokerage's internal compliance requirements.

8.4 Client Communications

When using the Platform to communicate with Clients, you are responsible for all communications sent through or facilitated by the Platform. You agree to communicate with Clients in a truthful, professional, and lawful manner. CurbPage is not responsible for the content of any communications you send to Clients.

8.5 License Maintenance

You represent and warrant that you will maintain all required professional licenses and will immediately notify CurbPage if your real estate license is suspended, revoked, or otherwise restricted during the term of your Subscription.

9. Brokerage Accounts and Team Use

9.1 Brokerage Administrator Accounts

CurbPage may offer brokerage-level accounts that allow a designated brokerage administrator to provision, manage, and deactivate access for individual agents and staff within the brokerage. The brokerage administrator is responsible for managing user access within the brokerage account and ensuring that all users provisioned under the brokerage account comply with these Terms.

9.2 Brokerage Responsibility

If you access the Platform as part of a brokerage account, the brokerage is responsible for: (a) ensuring all agents and staff authorized under the brokerage account comply with these Terms; (b) promptly revoking access for any individual who is no longer authorized to use the Platform on behalf of the brokerage; and (c) all activities conducted by users provisioned under the brokerage account.

9.3 Individual Agent Accounts

Individual agents may also subscribe to the Platform independently of a brokerage account. Individual agents are solely responsible for their use of the Platform and for compliance with their brokerage's policies.

9.4 Account Provisioning and De-provisioning

CurbPage will provision and de-provision access in accordance with your instructions as a brokerage administrator. CurbPage is not responsible for delays in de-provisioning resulting from your failure to timely notify CurbPage or update user access within your account.

9.5 Transaction Coordinators

Transaction coordinators may be granted access to the Platform by an Agent or brokerage administrator for the purpose of assisting with transaction management. Transaction coordinators must comply with these Terms and are subject to the oversight and responsibility of the Agent or brokerage that granted their access.

10. Third-Party Integrations

10.1 Third-Party Services

The Platform may integrate with or offer connections to third-party services and applications, including e-signature platforms, MLS data providers, calendar services, document storage services, and other tools (collectively, "Third-Party Services"). Your use of any Third-Party Services is governed solely by the terms of service and privacy policies of those third parties. CurbPage does not endorse and is not responsible for the performance, availability, accuracy, or security of any Third-Party Services.

10.2 Third-Party Accounts

To use certain integrations, you may be required to create accounts with Third-Party Services or provide CurbPage with credentials or tokens to access those services on your behalf. You are responsible for complying with the terms of any Third-Party Services you use in connection with the Platform.

10.3 No Liability for Third Parties

CurbPage is not liable for any loss, damage, or harm arising from your use of or inability to use any Third-Party Services, including any disruption to your access to the Platform caused by changes to a Third-Party Service.

10.4 Changes to Integrations

CurbPage may add, modify, or discontinue integrations with Third-Party Services at any time without liability to you.

11. Intellectual Property

11.1 CurbPage Ownership

As between you and CurbPage, CurbPage owns all right, title, and interest in and to the Platform and all CurbPage Content, including all software, algorithms, user interface designs, workflows, templates, documentation, trademarks, service marks, trade names, logos, and other intellectual property embodied in or associated with the Platform. No license or right is granted to you except as expressly set forth in these Terms.

11.2 Limited License to Users

Subject to these Terms and your active Subscription, CurbPage grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your own internal real estate transaction management purposes. This license does not include any right to sublicense, modify, copy, distribute, sell, or create derivative works from any CurbPage Content.

11.3 Trademark Use

The CurbPage name, logo, and brand assets are trademarks and service marks of CurbPage, Inc. You may not use CurbPage's trademarks, logos, or brand assets without CurbPage's prior written consent and in accordance with CurbPage's Brand Guidelines, available at curbpage.com. Nothing in these Terms grants you any right to use CurbPage's trademarks for any purpose.

11.4 Feedback

If you submit suggestions, feedback, or ideas about the Platform ("Feedback"), you hereby assign to CurbPage all right, title, and interest in such Feedback, and CurbPage may use it for any purpose without restriction or compensation to you.

11.5 Copyright Complaints

If you believe that any content on the Platform infringes your copyright, please send a notice to hello@curbpage.com including: (a) a description of the copyrighted work; (b) a description of the allegedly infringing material and its location on the Platform; (c) your contact information; (d) a statement of good faith belief; and (e) a statement of accuracy under penalty of perjury.

12. Confidentiality

12.1 Mutual Confidentiality

Each party ("Receiving Party") agrees to maintain in confidence the Confidential Information of the other party ("Disclosing Party") and not to disclose such Confidential Information to any third party without the Disclosing Party's prior written consent, except as necessary to perform obligations or exercise rights under these Terms.

12.2 Definition of Confidential Information

"Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. For CurbPage, Confidential Information includes the Platform, pricing, and technical information. For you, Confidential Information includes Client Data and transaction details.

12.3 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no fault of the Receiving Party; (b) was rightfully known to the Receiving Party before disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law or court order, provided the Receiving Party gives the Disclosing Party prompt notice and cooperates in seeking a protective order.

12.4 Survival

Confidentiality obligations survive termination of these Terms for a period of three (3) years with respect to business Confidential Information, and indefinitely with respect to Client Data and any trade secrets.

13. Term and Termination

13.1 Term

These Terms are effective from the date you create an account or first use the Platform and continue in effect until your Subscription is terminated or these Terms are otherwise terminated in accordance with this Section.

13.2 Termination by You

You may terminate your Subscription at any time by (a) canceling through your account settings, or (b) providing written notice to hello@curbpage.com. Termination is effective at the end of your then-current billing period. No refunds are issued for the remainder of a prepaid period.

13.3 Termination by CurbPage

CurbPage may terminate your Subscription or access to the Platform: (a) for any reason with 30 days' written notice; or (b) immediately and without prior notice if you materially breach these Terms, violate applicable law, engage in fraudulent activity, or if CurbPage reasonably determines that immediate termination is necessary to protect the Platform, its users, or third parties.

13.4 Effect of Termination

Upon termination of your Subscription for any reason: (a) your license to use the Platform immediately ceases; (b) you must immediately discontinue all use of the Platform; and (c) any outstanding payment obligations survive termination. CurbPage will not be liable for any damages arising from termination in accordance with these Terms.

13.5 Data Export and Deletion

Following termination, you will have 30 days to export your Agent Data using the Platform's data export tools. After this 30-day period, CurbPage may delete your Agent Data and Client Data in accordance with its data retention policies and Privacy Policy. CurbPage is not responsible for any loss of data following termination of your account. You are encouraged to export your data prior to termination.

13.6 Survival

The following provisions survive termination of these Terms: Sections 1, 5.1, 5.4, 6.1, 6.2, 7, 11, 12, 13.4, 14, 15, 16, 18, and 19.

14. Disclaimer of Warranties

THE FOLLOWING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

THE PLATFORM AND ALL CURBPAGE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. CURBPAGE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

CURBPAGE DOES NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (D) ANY DATA TRANSMITTED THROUGH THE PLATFORM WILL BE ACCURATE OR COMPLETE; OR (E) THE PLATFORM WILL BE COMPATIBLE WITH ALL DEVICES, OPERATING SYSTEMS, OR BROWSERS.

CURBPAGE MAKES NO WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, INCLUDING ANY IMPROVEMENT IN CLIENT SATISFACTION, TRANSACTION VOLUME, OR BUSINESS OUTCOMES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CURBPAGE OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.

15. Limitation of Liability

THE FOLLOWING LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15.1 Exclusion of Consequential Damages

IN NO EVENT WILL CURBPAGE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF CURBPAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Cap on Liability

IN NO EVENT WILL CURBPAGE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO CURBPAGE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

15.3 Essential Basis

THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. CURBPAGE WOULD NOT PROVIDE THE PLATFORM WITHOUT THESE LIMITATIONS.

15.4 Exceptions

Nothing in this Section limits either party's liability for: (a) death or personal injury caused by that party's gross negligence; (b) fraud or willful misconduct; or (c) any liability that cannot be limited under applicable law.

16. Indemnification

16.1 Your Indemnification Obligations

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless CurbPage, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns (collectively, "CurbPage Parties") from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Platform;

• Your violation of any provision of these Terms;

• Your violation of any applicable law or regulation, including real estate licensing laws, fair housing laws, or privacy laws;

• Your Agent Data or Client Data, including any claim by a Client regarding your handling of their personal information;

• Your professional acts or omissions as a real estate agent, including any claims by Clients or third parties arising from your real estate transactions;

• Any dispute between you and a Client, a co-agent, a brokerage, or any other third party; or

• Your infringement of any intellectual property or other rights of any third party.

16.2 CurbPage's Right to Control Defense

CurbPage reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with CurbPage's defense of such claims and not to settle any such claim without CurbPage's prior written consent.

17. Modifications to the Platform and Terms

17.1 Modifications to the Platform

CurbPage reserves the right to modify, update, enhance, or discontinue any feature, functionality, or aspect of the Platform at any time, including during the Beta Period. CurbPage will use reasonable efforts to provide advance notice of material changes to core Platform functionality, but is not required to do so for minor updates, bug fixes, or security patches.

17.2 Modifications to These Terms

CurbPage may modify these Terms at any time. When CurbPage makes material changes to these Terms, it will: (a) post the revised Terms on the Platform; (b) update the "Last Updated" date; and (c) provide you with at least 30 days' advance written notice via the email address associated with your account. Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Platform and cancel your Subscription before the effective date.

17.3 Minor Modifications

CurbPage may make non-material modifications to these Terms at any time without prior notice. Non-material modifications include clarifications, corrections of typographical errors, and changes that do not materially affect your rights or obligations.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18.2 Informal Resolution

Before initiating any formal dispute proceeding, you agree to contact CurbPage at hello@curbpage.com with a written description of your dispute and the relief you seek. The parties agree to attempt in good faith to resolve the dispute informally for a period of 30 days from CurbPage's receipt of your notice. This informal dispute resolution process is a prerequisite to any formal proceeding.

18.3 Binding Arbitration

If the parties are unable to resolve the dispute informally within 30 days, you and CurbPage agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform through binding individual arbitration, except as provided in Section 18.5.

Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, as modified by these Terms. The arbitration will be conducted by a single arbitrator. The seat of arbitration will be Benton County or Washington County, Arkansas. The arbitration may be conducted by video conference or telephone at either party's request for disputes involving amounts of $50,000 or less.

The arbitrator will have authority to award any relief available in a court of law, except that the arbitrator may not award declaratory or injunctive relief except on an individual basis. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

18.4 Arbitration Fees

Payment of arbitration filing fees will be governed by the AAA's Consumer Arbitration Rules. CurbPage will pay all AAA filing, administration, and arbitrator fees for any arbitration that CurbPage initiates. If you initiate arbitration and the amount in dispute does not exceed $10,000, CurbPage will pay your reasonable filing fees.

18.5 Exceptions to Arbitration

Either party may seek relief in a court of competent jurisdiction for: (a) claims arising from actual or threatened infringement of intellectual property rights; (b) claims seeking emergency injunctive or other equitable relief; or (c) claims that may be brought in small claims court. Either party may seek enforcement of an arbitration award in any court of competent jurisdiction.

18.6 Class Action Waiver

YOU AND CURBPAGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If a court or arbitrator finds this class action waiver to be unenforceable for any reason, then the arbitration agreement in Section 18.3 shall not apply to that claim.

18.7 Venue for Non-Arbitrable Claims

For any claims not subject to arbitration, you and CurbPage consent to the exclusive jurisdiction and venue of the state and federal courts located in Benton County or Washington County, Arkansas. You waive any objection to such jurisdiction and venue.

18.8 Time Limitation on Claims

You agree that any claim arising out of or relating to these Terms or the Platform must be brought within one (1) year of the date the cause of action accrued, regardless of any statute of limitations to the contrary. Claims not brought within this period are permanently barred.

19. Miscellaneous

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements incorporated by reference, constitute the entire agreement between you and CurbPage with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

19.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid, illegal, or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

19.3 Waiver

No waiver by CurbPage of any term or condition in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. CurbPage's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without CurbPage's prior written consent. CurbPage may freely assign these Terms and its rights and obligations in connection with a merger, acquisition, sale of assets, or by operation of law, and will provide reasonable notice to you of any such assignment. Any purported assignment in violation of this Section is null and void.

19.5 Force Majeure

CurbPage shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, governmental actions, war, terrorism, civil unrest, power outages, internet or telecommunications failures, or third-party service disruptions.

19.6 Notices

CurbPage will provide notices to you via the email address associated with your account or via in-Platform notifications. You agree to provide notices to CurbPage at hello@curbpage.com for legal notices and hello@curbpage.com for operational notices. Notices are effective upon receipt.

19.7 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and CurbPage.

19.8 No Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any third party, including your Clients, except as expressly provided herein.

19.9 Headings

Section headings are provided for convenience only and shall not affect the interpretation of these Terms.

19.10 Counterparts and Electronic Signatures

These Terms may be accepted electronically through account creation or Platform use, which shall have the same legal effect as a handwritten signature.

19.11 Language

These Terms are written in English. If translated into another language, the English version controls in the event of any conflict.

20. Contact Information

If you have any questions about these Terms, please contact us:

CurbPage, Inc.

Email (general): hello@curbpage.com

Email (legal):   hello@curbpage.com

Email (support): hello@curbpage.com

Website:         curbpage.com

For brand inquiries, please refer to our Brand Guidelines or contact hello@curbpage.com.