Terms of Use

Last Updated: December 1, 2025

ACCEPTANCE OF THESE TERMS

This Terms of Use Agreement ("Terms") govern your access to, use of, and participation in the Platform made available by Natural Capital Exchange, Inc. or any of its subsidiaries (collectively, and including such entities operating under any other names, "NCX," "we," "our," or "us") or through NCX and the entirety of your relationship with NCX. YOU UNDERSTAND AND AUTHORIZE NCX TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM OUR VENDORS AND/OR VERIFY YOUR IDENTITY THROUGHOUT YOUR USE OF THE SERVICE.

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein will refer to that entity, its directors, officers, employees, and agents.

MODIFICATIONS

NCX reserves the right, in our sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. NCX will notify you of changes by posting on the NCX Terms of Use website and may also, in our sole discretion, notify you by sending you a message and/or otherwise notifying you when you are logged into your account. Modifications will become effective 30 days after the earliest of: (a) modifications being posted on the Platform; (b) NCX's transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the 30 days will constitute your consent to the changes. If you do not agree, you may not access or use the Platform.

ADDITIONAL TERMS AND POLICIES

Please review NCX's Privacy Policy, incorporated herein by reference, for information and notices concerning NCX's collection and use of your information. Please review the full set of key NCX policies that govern your use of the Platform and our interactions with you and third-parties. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.

Payment Processor Terms: By using Platform Services or Timber Sales Services that require payment, you agree to be bound by the terms and policies of our third-party payment processors:

Stripe, Inc. – For Platform Services, you agree to Stripe's Services Agreement and Privacy Policy (available at stripe.com/legal), which are incorporated herein by reference.
Dwolla, Inc. – For Timber Sales Services, you agree to Dwolla's Terms of Service and Privacy Policy (available at www.dwolla.com/legal), which are incorporated herein by reference.

These third-party payment processor terms are deemed part of this Agreement and govern all aspects of payment processing for the applicable services.

KEY TERMS

"Collective Content" means User Content and NCX Content together.

"Consulting Agreement" means the separate written agreement between a Landowner and NCX governing the provision of Timber Sales Services, which includes specific terms regarding commissions, fees, payment processing, exclusivity, term, termination, and other matters related to timber sales consulting and brokerage.

"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, property information, service requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.

"Fee" means any amount charged by NCX to a User in connection with the Platform or Landowner Services.

"Free Services" means Platform features, tools, and content available at no charge to registered Users, including but not limited to property value forecasts, market insights, analytics tools, educational content, and other features that NCX may add, modify, or discontinue from time to time in its sole discretion.

"Landowner" means a User who owns or manages land and uses the Platform to request, receive, pay for, or otherwise engage with Landowner Services or Free Services.

"Landowner Services" means all services provided by or through NCX to Landowners, including Free Services, Timber Sales Services, Platform Services, and any other services offered by NCX to property owners and managers.

"Property Data" means all information about properties that is uploaded, submitted, shared, or otherwise provided by Landowners through the Platform, including but not limited to property boundaries, acreage, forest data, soil information, topography, photographs, timber data, land use information, environmental data, and any other property-related information or materials.

"NCX Content" means all Content NCX makes available on or through the Platform, including any Content licensed from a third-party, but excluding User Content.

"NCX Forester" means a licensed professional consulting forester from NCX's vetted network who coordinates timber sales and related forestry services through the Platform pursuant to a separate agreement between such forester and NCX. NCX Foresters are independent contractors and not employees of NCX.

"Platform" means all NCX websites, mobile or other applications, software, processes, video consultations, subscription services, and any other services provided by or through NCX.

"Platform Services" means ancillary services provided to Landowners through the Platform, including but not limited to drone imagery, property assessments, tax advisory connections, and other services that NCX may offer by contracting with third-party service providers and making available to Landowners.

"Privacy Policy" means the NCX Privacy Policy, including any amendments, supplements or modifications thereto made from time to time.

"Service Provider" means a third-party individual or entity that provides Platform Services to Landowners through a contractual relationship with NCX.

"Timber Buyer" means a third-party individual or entity that purchases timber from Landowners in connection with Timber Sales Services facilitated by NCX.

"Timber Sales Services" means the timber sale planning, consulting, and brokerage services provided by NCX pursuant to a separate Consulting Agreement between NCX and a Landowner, including assignment of an NCX Forester, property assessment, timber valuation, buyer outreach, sale facilitation, and payment processing.

"User" means a person or entity who completes NCX's account registration process, agrees to these Terms, utilizes any services offered by or through the Platform, or a person or entity who submits or receives a request through NCX, including but not limited to Landowners, NCX Foresters, and Service Providers.

"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User or other user of the Platform, including but not limited to photographs, profile information, property descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding NCX Content and Feedback.

LANDOWNER SERVICES AND NCX'S ROLE

Services Offered

NCX provides Landowner Services through the Platform, which may include:

Free Services: No-charge features and tools available to registered Users, including property value forecasts, market insights, analytics tools, educational content, and other features. Free Services do not require payment or execution of additional agreements beyond these Terms.
Platform Services: À la carte paid services such as drone imagery, advanced property assessments, advisory connections, and other services that NCX contracts to provide through third-party Service Providers. Platform Services require payment through Stripe.
Timber Sales Services: Timber sale consulting and brokerage services, including assignment of NCX Foresters, property assessment and valuation, competitive buyer solicitation, sale facilitation, and payment processing. Timber Sales Services are governed by a separate Consulting Agreement that Landowners execute when requesting such services.

NCX may add, modify, or discontinue any Landowner Services at any time in our sole discretion.

Timber Sales Services

When a Landowner requests Timber Sales Services, the Landowner will be required to execute a separate Consulting Agreement with NCX that governs the specific terms of the timber sale engagement.

The Consulting Agreement, not these Terms, governs the timber sale transaction itself. In the event of any conflict between these Terms and a Consulting Agreement, the Consulting Agreement controls with respect to Timber Sales Services.

Free Services

NCX offers Free Services to registered Users at no charge, subject to these Terms. Free Services may include:

Property value forecasts and estimates
Market insights and analytics
Educational content and resources
Property data visualization tools
Market opportunity identification
Consultation opportunities for select Landowners (at NCX's discretion)
Other tools and features that NCX may add from time to time

You acknowledge and agree that:

Free Services are provided at NCX's discretion and may be modified or discontinued at any time
NCX may convert Free Services to paid services with appropriate notice
Free Services may have usage limits, restrictions, or eligibility requirements
Access to Free Services may require provision of Property Data
Free Services do not require payment or a Stripe or Dwolla account unless you upgrade to paid services
NCX may selectively offer certain Free Services features to specific user segments
For terms and disclaimers regarding property forecasts, see Section "Property Forecasts and Valuations" below

Platform Services

NCX may offer Platform Services by contracting with third-party Service Providers and reselling such services to Landowners. Platform Services may be fulfilled by specialized third-party vendors including drone imagery providers (such as DroneDeploy), tax and legal professionals, conservation consultants, and other service providers.

When you purchase Platform Services:

NCX contracts with Service Providers on your behalf
NCX coordinates service delivery and acts as your point of contact
You pay NCX directly for the services (processed through Stripe)
NCX may earn a margin on the services provided
Service quality and delivery are ultimately the responsibility of the third-party Service Provider
By purchasing Platform Services, you authorize NCX to share your Property Data, contact information, and other information necessary to fulfill your service request with the specific Service Provider(s) assigned to your request

NCX Foresters

NCX maintains a network of licensed professional consulting foresters who provide services in connection with Timber Sales Services. You acknowledge and agree that:

NCX Foresters are independent contractors, not NCX employees
NCX Foresters have separate contractual relationships with NCX
NCX Foresters coordinate timber sales through the Platform
NCX assigns NCX Foresters to Landowners pursuant to Consulting Agreements

See Section "No Endorsement or Warranty" below for limitations on NCX liability for third-party service providers.

Timber Buyers

Timber Buyers are third-party purchasers of timber who may purchase timber from Landowners in connection with Timber Sales Services. You acknowledge and agree that:

Timber Buyers are independent third parties, not NCX affiliates
NCX facilitates introductions and negotiations but is not a party to timber purchase agreements
Landowners contract directly with Timber Buyers pursuant to separate timber sale agreements
NCX's role is limited to consulting and brokerage services as set forth in the Consulting Agreement

See Section "No Endorsement or Warranty" below for complete disclaimers regarding third parties.

No Guarantee of Results

NCX makes no guarantee or warranty that Landowner Services will result in any particular outcome, including but not limited to successful timber sales, specific sale prices, particular service quality, or profit to any Landowner. All Landowner Services are provided on a best-efforts basis.

PROPERTY DATA LICENSE AND USAGE

License Grant

By uploading, submitting, sharing, or otherwise providing Property Data through the Platform, you hereby grant to NCX a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, analyze, aggregate, distribute, and otherwise utilize such Property Data for the following purposes:

Providing Services: To provide Free Services, Platform Services, and Timber Sales Services to you
Anonymized Analytics: To aggregate and anonymize Property Data for market analysis, research, and analytics
Product Improvement: To improve, develop, and enhance the Platform, forecasting models, algorithms, and NCX's services
Market Intelligence: To identify market opportunities, trends, and insights
Model Training: To train, test, and improve machine learning models, algorithms, and artificial intelligence systems
Business Operations: For any other purpose in NCX's business operations and service offerings

The license granted to NCX will survive termination of your Account or the Platform. NCX does not claim ownership of your Property Data, but you grant NCX the broad license described above to use Property Data as permitted herein.

Data Responsibility

You acknowledge and agree that:

You are solely responsible for the accuracy and completeness of all Property Data you provide
NCX may rely on Property Data you provide without independent verification
NCX is not responsible for verifying Property Data accuracy
Inaccurate Property Data may affect the quality of services provided to you
You will update Property Data promptly if any material information changes

Data Retention

NCX may retain Property Data indefinitely, including after termination or closure of your Account, to the extent permitted by law and as described in our Privacy Policy. For information about data deletion requests, please review our Privacy Policy or contact us at support@ncx.com.

Third-Party Sharing

NCX may share Property Data with third parties as necessary to provide Landowner Services, including but not limited to NCX Foresters, Service Providers, Timber Buyers, and other parties involved in service delivery, subject to our Privacy Policy and applicable laws.

PROPERTY FORECASTS AND VALUATIONS

Nature of Forecasts

Property value forecasts, estimates, and analytics provided through Free Services are algorithmic estimates based on available data and models. You acknowledge and agree that:

NOT PROFESSIONAL APPRAISALS: Forecasts are not appraisals, valuations, or professional opinions of value. They are not prepared by licensed or certified appraisers and do not comply with the Uniform Standards of Professional Appraisal Practice (USPAP) or any other professional appraisal standards.

INFORMATIONAL PURPOSES ONLY: Forecasts are provided solely for general informational and educational purposes. They should not be relied upon as the basis for any financial, legal, tax, investment, or other material decisions.

NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE: Forecasts do not constitute professional advice of any kind. You should obtain professional appraisals, forestry assessments, financial advice, legal counsel, and tax advice from qualified professionals before making any material decisions regarding your property.

No Warranty of Accuracy

NCX MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY PROPERTY FORECASTS OR ESTIMATES. You acknowledge and agree that:

Actual property values, timber values, or market conditions may differ materially from forecasts
Forecasts are based on models and available data which may be incomplete, outdated, or inaccurate
NCX does not warrant that forecasts will be accurate, reliable, or suitable for any particular purpose
Many factors affecting property value cannot be captured by algorithmic models
Market conditions, environmental factors, regulatory changes, and property-specific conditions may not be fully reflected in forecasts

Algorithm Limitations

Property forecasts are generated using algorithms, models, and data sources that have inherent limitations:

Data Limitations: Models rely on third-party data sources that may be incomplete, outdated, or inaccurate
Model Limitations: Algorithms cannot account for all property-specific factors, local market conditions, or qualitative characteristics
Updates: Models and algorithms are updated periodically without notice, which may result in forecast changes
Regional Variations: Model accuracy may vary significantly by geographic region, property type, and market conditions
External Factors: Cannot predict future events, regulatory changes, market disruptions, environmental events, or economic conditions

Assumption of Risk

NCX SHALL HAVE NO LIABILITY FOR:

Any decisions made based on property forecasts
Any financial losses resulting from reliance on forecasts
Inaccuracies, errors, or omissions in forecasts
Differences between forecasted values and actual outcomes
Any damages arising from your use of Free Services

If you require accurate property valuations for financial, legal, or other material purposes, you must obtain professional appraisals from licensed appraisers. See Section "Disclaimers" below for complete risk and warranty disclaimers.

ELIGIBILITY AND USER REPRESENTATIONS

Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you meet these requirements.

Landowner Representations

By registering or using the Platform as a Landowner, you represent and warrant that:

You own and/or are the authorized manager of the properties you claim or list on the Platform
You have the legal right to grant access to such properties as may be necessary for service delivery
All information you provide about your properties is accurate and complete
You have disclosed all material facts regarding your properties that may affect service delivery or timber sales
All Property Data you submit is accurate, complete, and current to the best of your knowledge
You have the legal right to share and license the Property Data you provide to NCX
The Property Data does not violate any third-party rights, including intellectual property, privacy, or confidentiality rights
The Property Data does not contain confidential or proprietary information of any third party that you are not authorized to share

Service Provider Representations

By registering or using the Platform as a Service Provider, you represent and warrant that:

You are properly and fully qualified, experienced, and licensed to provide the services you offer
You maintain all necessary certifications, bonding, and insurance as required by applicable laws
You will comply with all applicable laws in providing services through the Platform
You will fulfill all service obligations you accept through the Platform

ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

Users may access certain portions of the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register for an Account using certain third-party account and log-in credentials (your "Third-Party Site Password"), such as your Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your NCX password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify NCX immediately of any unauthorized use. NCX is not liable for any losses by any party caused by an unauthorized use of your Account. You are liable for the losses of NCX or others due to any unauthorized use of your account related to your failure to comply with these Terms. Your account is nontransferable except with NCX's written permission and in accordance with NCX policies and procedures.

PAYMENT PROCESSING

Payment Account Requirements

Payment processing requirements depend on which services you use:

Free Services: No payment account required. You can access property value forecasts, market insights, and other Free Services without providing any payment information.

Platform Services (Stripe): When you purchase Platform Services such as drone imagery or advanced property assessments, payment processing is handled by Stripe, Inc. You will provide payment information (credit card, debit card, or other payment methods supported by Stripe) at the time of purchase. You must be at least 18 years old to purchase Platform Services.

For Platform Services (including drone imagery, property assessments, tax advisory connections, and other à la carte services), payment processing is handled by Stripe, Inc. You acknowledge and agree that:

By purchasing Platform Services, you authorize NCX to collect and share with Stripe your payment information including name, email address, payment card details, and billing address
Stripe's Services Agreement and Privacy Policy (available at stripe.com/legal) govern all aspects of payment processing for Platform Services
NCX facilitates Platform Services but is not a party to Stripe's terms or responsible for Stripe's payment processing performance
You must comply with all Stripe terms, conditions, and policies
Stripe may decline transactions or suspend payment processing for compliance or fraud prevention reasons beyond NCX's control

Platform Services payments (processed through Stripe) are separate from Timber Sales Services payments (processed through Dwolla).

Timber Sales Services (Dwolla): When you engage Timber Sales Services, payment processing is handled by Dwolla, Inc.

In order to use the payment functionality of NCX's application, you must open a "Dwolla Account" provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service (https://www.dwolla.com/legal/tos) and Privacy Policy (https://www.dwolla.com/legal/privacy). Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners (https://www.dwolla.com/legal/about-our-financial-institution-partners/). You must be at least 18 years old to create a Dwolla Account. You authorize NCX to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through NCX's application, and Dwolla account notifications will be sent by NCX, not Dwolla. NCX will provide customer support for your Dwolla Account activity, and can be reached at ncx.com, support@ncx.com and/or (415) 223-0022.

Commission structure, payment terms, and specific payment flows for Timber Sales Services are governed by your separate Consulting Agreement with NCX.

Payment Authorization

You agree to pay all amounts you owe when due using your preferred payment method. You further authorize our payment processors and NCX to charge your preferred payment method for amounts you owe when they are due, whether they are recurring or one-time payments.

NCX may enable you to make payments using credit, debit, or prepaid cards, by linking your bank account, or by any other payment method we support. We reserve the right to cancel your ability to make payments with one or more of the payment methods you have authorized in our sole and absolute discretion.

Payment Disputes

All requests for payment chargebacks, errors, claims, refunds and disputes ("Payment Disputes") will be subject to review by NCX in accordance with the rules applicable to the payment method you used to make the payment and will be in NCX's absolute discretion. NCX is not liable to you under any circumstances for Payment Disputes we are unable to resolve in your favor. We will normally process a valid written Payment Dispute request within 30 days after we receive it, unless a shorter period is required by law. You may file a Payment Dispute by emailing it to NCX support at support@ncx.com. If you close or deactivate your Account before we adjudicate your Payment Dispute, we will not be able to issue you any amounts you are owed. We will attempt to pay you any Payment Disputed amounts you are owed using the method with which you made the disputed payment, but we cannot guarantee that we will be able to do so if your payment method information is inaccurate, incomplete, or has been canceled.

Withholding and Collection

If your actions result in, or are likely to result in, a Payment Dispute, a violation of these Terms of Use or the creation of other risks to NCX or our payment processing partners, or if we determine that your Account has been used to engage in deceptive, fraudulent, or illegal activity, then we may permanently withhold any amounts owed to you in our sole discretion. If you have a past due balance due on any Account, or for any additional amounts that we determine you owe us, we may, without limiting any other rights or remedies: (a) charge one or more of your payment methods; (b) offset any amounts you owe us against amounts you may be owed; (c) invoice you for amounts due to us, which such amounts will be due upon receipt; (d) reverse or block any credits to your bank account; or (e) collect payment from you by any other lawful means.

If you fail to make payments you owe when due, or if NCX is unable to charge one of your payment methods for any reason, NCX reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees and related costs, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or overdue payments will be made by electronic mail or by phone. Such communication may be made by NCX or by anyone on our behalf, including but not limited to a third-party collections agent.

Third-Party Payment Processor

You acknowledge and agree that NCX uses Dwolla, Inc. as its payment processor for Timber Sales Services and that:

NCX is not an escrow agent and does not take possession of funds processed through Dwolla
Dwolla and its financial institution partners hold and transfer all funds
NCX facilitates payments but is not a party to the Dwolla Terms of Service or responsible for Dwolla's performance
You must comply with all Dwolla terms, conditions, and policies
Dwolla may reject or terminate your account for compliance reasons beyond NCX's control

YOUR LICENSE TO USE THE PLATFORM

Subject to your compliance with these Terms, NCX grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you as is. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by NCX or our licensors, except for the licenses and rights expressly granted in these Terms.

USER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. The contents of private messaging through the Platform will not be used by NCX in public advertising. By making available any User Content on or through the Platform, you hereby grant to NCX a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content on, through, by means of or to promote, market or advertise the Platform or Landowner Services, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to NCX will survive termination of the Platform or your Account. NCX does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to NCX the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or NCX's use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third-party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While NCX has no obligation to do so, you agree that NCX may edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.

NCX reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable, in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason.

PROHIBITIONS

As a User of the Platform, you may not:

Use another person's Account, misrepresent yourself or Landowner Services offered through the Platform, misrepresent your identity or qualifications, misrepresent property information or other information in a service request, or post Content in any inappropriate category or areas on the Platform;
Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without NCX's prior written approval; provided, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (NCX reserves the right to revoke these exceptions either generally or in specific cases);
Copy text, or otherwise misuse or misappropriate Platform information or Content in any manual or automated manner including but not limited to, for use on a mirrored, competitive, or third-party site;
Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm NCX or our Users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third-party, including privacy or publicity rights; or (g) circumvents or manipulates the Fee structure, billing, or Fees owed;
Use the Platform in any manner that circumvents, or that may be intended to circumvent, your obligation to pay NCX for access to Landowner Services provided by the Platform;
Notwithstanding anything to the contrary contained in these Terms, collect, harvest, publish, or "sell" any personal information (as that term is defined by the California Consumer Privacy Act and/or any similar law or regulation), including but not limited to information related to Users for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
Violate any applicable laws or regulations;
Fail to comply with a User's requests (including, those made on their behalf by NCX) to no longer receive phone calls, text messages, e-mails or any other communications from you;
Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
Violate in any material respect any NCX policies that govern your use of the Platform and our interactions with you and third-parties;
Create more than one User NCX account without our written permission;
Share account credentials or allow unauthorized access to your Account;
Use Free Services forecasts, data, or analytics for commercial purposes without prior written approval from NCX, including but not limited to reselling, republishing, or providing to third parties for commercial gain;
Systematically extract, scrape, download, or collect property forecasts, Property Data, or other Content from the Platform using automated means or otherwise;
Reverse engineer, decompile, or attempt to discover the algorithms, models, or methods used to generate property forecasts;
Create multiple accounts to circumvent usage limits or restrictions on Free Services;
Fail to comply with any applicable laws or regulations related to your use of the Platform;
If you are a Landowner who has executed a Consulting Agreement for Timber Sales Services, sell or transfer any timber covered by such Consulting Agreement to any party other than through NCX during the term of such Consulting Agreement or any applicable post-termination exclusivity period;
Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
Attempt to indirectly undertake any of the foregoing.

INTELLECTUAL PROPERTY RIGHTS

NCX Content is protected by copyright, trademark, patent, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, NCX and our licensors exclusively own all right, title, and interest in and to the Platform and NCX Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of NCX used herein are trademarks or registered trademarks of NCX. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

FEEDBACK

By sending us any feedback, comments, questions, or suggestions concerning NCX or our services, including our Platform (collectively, "Feedback") you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third-party or -parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against NCX and our Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your Account or the Platform.

COPYRIGHT POLICY

We expect Users to respect copyright law. In appropriate circumstances, we will terminate the Account of any User who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders.

NCX is committed to respecting and protecting the legal rights of copyright owners in accordance with the Digital Millennium Copyright Act (Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.)). If you believe any content infringes your intellectual property rights, please submit a notice to us describing such infringement (a "DMCA Takedown Notice") with the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notice should be sent to: support@ncx.com. You acknowledge that for NCX to be authorized to takedown any content, your DMCA Takedown Notice must comply with all the requirements of this section.

NO ENDORSEMENT OR WARRANTY

NCX does not endorse, warrant or make any representation (except those expressly and unambiguously made by NCX directly on the Platform) concerning any User, Landowner Service, NCX Forester, Service Provider, Timber Buyer, or any other third party, and NCX is not a party to any agreements between or among Users or third-parties. NCX does not directly perform Timber Sales Services (which are performed by NCX Foresters) and disclaims all liability with respect to the performance of such services except as expressly set forth in a Consulting Agreement. No agency, partnership, joint venture, or employment is created as a result of the Terms or any User's use of any part of the Platform, except as may be expressly provided in a Consulting Agreement. Neither NCX nor any Users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other, except as may be expressly provided in a Consulting Agreement.

Users are required by these Terms to provide accurate information, and although NCX may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User or their purported identity or background.

Any reference on the Platform or in any marketing to a User being licensed or credentialed in some manner, or "badged," "vetted", "verified", "background checked" (or similar language) designations indicates only that the User has completed a relevant account process or met certain standards, and does not represent anything else. Such descriptions are not endorsements, certifications or guarantees by NCX and are not verification of identity, qualifications, licensing, insurance, trustworthiness, safety or suitability. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise due diligence and care when deciding whether to have any interaction with any other User or engage any Landowner Services. NCX has no responsibility for any damage or harm resulting from your interactions with other Users or use of Landowner Services.

The Collective Content may contain links to third-party websites, media, offers, or other events/activities not owned or controlled by NCX. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.

By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users, NCX Foresters, Service Providers, Timber Buyers, or other third-parties will be limited to a claim against those particular parties. You agree not to attempt to impose liability on or seek any legal remedy from NCX with respect to such actions or omissions except as may be expressly provided in a Consulting Agreement.

SANCTIONS FOR VIOLATIONS OF THESE TERMS

Without limiting any other rights, NCX may, in our sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and NCX, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds (including by way of setoff of amounts processed or held by NCX in connection with your use of the Platform), assessing monetary penalties or costs, terminating your Account, notifying other Users of the termination of your Account and/or the violation of these Terms, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.

ACCOUNT SUSPENSION OR TERMINATION

We may, in our discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your NCX Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from NCX support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Landowner Services canceled or delayed as a result of Account termination. Please note that if your Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews. Please see our Privacy Policy, incorporated herein by reference, for information regarding data deletion requests following Account termination.

DISCLAIMERS

YOUR USE OF THE PLATFORM, LANDOWNER SERVICES, OR COLLECTIVE CONTENT IS SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT NCX DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO LANDOWNERS, NCX FORESTERS, AND SERVICE PROVIDERS.

THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NCX AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE LANDOWNER SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT.

NCX MAKES NO WARRANTY THAT THE PLATFORM OR LANDOWNER SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NCX ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. NCX WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NCX OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY NCX FORESTERS, SERVICE PROVIDERS, OR TIMBER BUYERS. YOU UNDERSTAND THAT NCX DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY LANDOWNER SERVICES EXCEPT AS MAY BE EXPRESSLY PROVIDED IN A CONSULTING AGREEMENT. NCX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE LANDOWNER SERVICES. NCX EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD-PARTIES.

NCX DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS, OR PERFORMANCE OF NCX FORESTERS, SERVICE PROVIDERS, AND TIMBER BUYERS EXCEPT AS MAY BE EXPRESSLY PROVIDED IN A CONSULTING AGREEMENT.

FREE SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. NCX MAY MODIFY, SUSPEND, OR DISCONTINUE FREE SERVICES AT ANY TIME WITHOUT NOTICE. NCX MAY CONVERT FREE SERVICES TO PAID SERVICES WITH APPROPRIATE NOTICE. For complete disclaimers regarding property forecasts and Free Services, see Section "Property Forecasts and Valuations" above.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR USE OF OR ENGAGEMENT WITH LANDOWNER SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF NCX, NCX FORESTERS, SERVICE PROVIDERS, TIMBER BUYERS, OR OTHER THIRD-PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER NCX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NCX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, LANDOWNER SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; (G) YOUR USE OF OR ENGAGEMENT WITH LANDOWNER SERVICES THROUGH THE PLATFORM; (H) ANY DECISIONS MADE BASED ON PROPERTY FORECASTS, VALUATIONS, OR OTHER FREE SERVICES CONTENT; (I) ANY FINANCIAL LOSSES RESULTING FROM RELIANCE ON FREE SERVICES; (J) INACCURACIES, ERRORS, OR OMISSIONS IN PROPERTY FORECASTS OR FREE SERVICES CONTENT; (K) MODIFICATION, SUSPENSION, OR DISCONTINUATION OF FREE SERVICES; OR (L) CONVERSION OF FREE SERVICES TO PAID SERVICES.

IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF NCX AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, LANDOWNER SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY LANDOWNER SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO NCX BY YOU HEREUNDER, OR ONE HUNDRED U.S. DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN JURISDICTIONS THAT DO ALLOW LIMITATIONS OF LIABILITY, THE LIMITATION DESCRIBED ABOVE WILL APPLY FULLY TO RESIDENTS OF THOSE JURISDICTIONS.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL LIMIT NCX'S LIABILITY AS MAY BE EXPRESSLY SET FORTH IN ANY CONSULTING AGREEMENT BETWEEN NCX AND A LANDOWNER.

INDEMNIFICATION AND RELEASE

You agree to release, defend, indemnify, and hold NCX and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content or Property Data; (c) your interaction with any User, NCX Forester, Service Provider, Timber Buyer, or other third party; (d) your use of or engagement with Landowner Services, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Landowner Services; (e) your use of or reliance on Free Services, property forecasts, or valuations; and (f) any decisions made based on Property Data, forecasts, or Free Services content.

Notwithstanding the foregoing paragraph, if you are a resident of a jurisdiction where the foregoing is prohibited, you only agree to release, defend, indemnify, and hold NCX and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

DISPUTE RESOLUTION

In the event of any difference arising between Users, or between a User and NCX, as to the construction of any clause of these Terms, or as to any rights or obligations hereunder, NCX may, but is not obligated to, provide tools to help Users resolve such disputes independently or participate in good faith mediation. Notwithstanding the foregoing, you acknowledge and agree that NCX is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party.

For disputes between Landowners and NCX arising from Timber Sales Services, the dispute resolution procedures set forth in the applicable Consulting Agreement shall govern.

GOVERNING LAW AND ARBITRATION

The Terms and the relationship between you and NCX will be governed by and constructed in accordance with the laws of the State of New York without regard to its conflict of laws principles. Any claim, controversy or dispute arising under or relating to this Agreement that the Parties are unable to resolve themselves will be settled by binding arbitration in New York, New York, administered by JAMS in accordance with its then-current Comprehensive Arbitration Rules and Procedures, as modified or supplemented hereby, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In the event of any suit, arbitration or other proceeding between the Parties with respect to this Agreement or any of the transactions contemplated hereby or subject matter hereof, the prevailing Party will, in addition to such other relief as the court or arbitrator may award, be entitled to recover reasonable attorneys' fees, costs and expenses of investigation.

NON-DISCRIMINATION STATEMENT AND ACCESSIBILITY INFORMATION

In accordance with Federal law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this organization is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs.)

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible State or local Agency that administers the program or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information is also available in languages other than English.

NO INVESTMENT ADVICE

Do not use the Platform or any Collective Content as a basis for making any investment decisions. All investment decisions should be made with the direct advice and counseling of a properly credentialed investment advisor.

You acknowledge that the Platform and Collective Content are not intended to provide any investment or other professional advice, and neither we nor our respective affiliates, officers, directors, employees or agents are engaged in rendering, any such investment or other professional advice. Do not use the Platform or Collective Content as a basis for making any investment or other decision, including without limitation the decision to participate in any Landowner Services on the Platform. You must evaluate carefully any particular transaction, including without limitation any Landowner Services offered through the Platform, to determine if it is appropriate for you in light of all relevant circumstances and factors. Before making any such evaluation or undertaking any such decision, we strongly recommend that you should obtain the advice of independent, competent and licensed professionals.

GENERAL

Force Majeure: Neither party is liable for delays or failures due to causes beyond their reasonable control.

No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.

Contacting You and E-SIGN Consent: You agree that NCX may provide you with notices by email, regular mail, or postings on the Platform. You consent to receive communications electronically and to use electronic signatures. To revoke consent or request a paper copy, contact support@ncx.com.

Entire Agreement: These Terms, together with the Privacy Policy, any Consulting Agreement you execute, and any other legal notices or additional terms and conditions or policies published by NCX on the Platform, will constitute the entire agreement between you and NCX concerning the Platform or Landowner Services obtained through the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.

Waiver: No waiver of any provision of these Terms will be deemed a further or continuing waiver of such term or any other term, and NCX's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Landowner Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of NCX and you and your respective permitted successors and assigns. You shall not assign your rights or delegate your duties hereunder without the express written consent of NCX, which consent may be given or withheld in NCX's sole and absolute discretion.

Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to support@ncx.com.

END OF TERMS OF USE