5x - Acceptable Use Policy

Last updated: October 17, 2024

This Acceptable Use Policy is established by Five-x, Inc. (“5x,” “we,” “us,” “our”) sets forth responsibilities, obligations, and restrictions arising out of your use of our websites, applications, and other products, services, and platforms (collectively, the “Service”) and your interactions with us and our personnel in connection therewith. By using the Service, creating a Service account, indicating your assent to the 5x Terms of Use (www.5-x.com/tos/) or any other written agreement between you and 5x referencing this Acceptable Use Policy (such written agreement and the 5x Terms of Use, as applicable, the “Service Agreement”) in any way (e.g., by clicking “I Agree” or a similar mechanism), or by otherwise accessing and using the Service, you accept and agree to comply with the terms of this Acceptable Use Policy (the “Policy”). If you do not agree to all of the terms and conditions of this Policy, you may not use or access the Service. Failure to comply with this Policy may result in us terminating or suspending your use of the Service and potential civil, criminal, or administrative liability or penalties against you. This Policy is incorporated by reference and governed by the Service Agreement. Capitalized terms not otherwise defined herein have the meaning set forth in the Service Agreement.

1. Requirements

In order to use the Service, you represent and warrant to us that you will comply with the following usage guidelines when using the Service:

• You must honor all Referral fees and transaction agreements and you must comply with all User Agreements.
• You acknowledge and agree that you, and not 5x, will be responsible for paying any fees or commissions due based on the terms of your User Agreement.
• You comply and agree to remain compliant with all applicable Governing Authorities, and brokerage rules concerning referral fees, commission payments, and agent-to-agent transactions.
• Maintain up-to-date licensing, ensuring that you are in compliance with your state, regional, or local real estate laws and regulations.
• Accurately record and track Referrals and associated commissions within the Service.
• Promptly pay any Referral commissions as indicated and agreed upon in the referral transaction and your User Agreement

2. Prohibited Use of the Service

The Service may not be used in any manner that is illegal, inappropriate, objectionable, deceptive, harmful, exploitative, abusive, or in a manner violates any person's rights or that may cause harm to any person, the Service, or 5x, in each case as determined by 5x in its discretion. Prohibited use of the Service include, but is not limited to, using the Service to:

• Posting any content that is offensive, obscene, libelous, defamatory, fraudulent, abusive, or contains tortious or inappropriate material.
• Providing false ratings, reviews, assessments, or testimonials for third-party products and services.
• Providing false advocacy or otherwise providing misinformation.
• Posting content that promotes, incites or instructs unlawful matters.
• Posting content that is otherwise unlawful.
• Impersonate or attempt to impersonate or mislead 5x, an 5x representative, another user, or any other person or entity.
• Harassing, abusing, or otherwise acting in an offensive, reprehensible, unprofessional, or otherwise objectionable manner towards any 5x personnel or other representative, or any other person or entity.
• Committing any act that might tend to bring 5x or its products or services into public disrepute, contempt, scandal, ridicule, or which may tend to reflect unfavorably on 5x or its brand or image or any of its products or services because of its relationship with you, which may include, but is not limited to, involvement in criminal activity, any bribery, corruption, sexual harassment, or similar scandal.
• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Service, 5x or users of the Service or expose them to liability.
• Engage in any unsolicited advertising, marketing, or other activities, including any activities that violate anti-spam laws and regulations, including the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction).
• Use the Service in connection with any unsolicited or harassing messages (commercial or otherwise), including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
• Use the Service to harvest or otherwise collect information about others from users, including email addresses or phone numbers, without their consent to provide such information.

3. Amendments to this Policy

This Policy may be modified at any time, for any reason, and at our sole discretion. You should review this Policy periodically to be aware of and understand any changes. A revised version of this Policy will be effective as of the date it is posted. Notwithstanding the foregoing, in the event we make a material change to this Policy, we will attempt to provide you with notice of such change by posting a notice on our website and to the email address you provide to us when you register your account, after which your access and use of the Service shall be subject to the updated version of this Policy.