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MidAmerican Home Services Website - Terms and Conditions

By using the MidAmerican Home Services website, you warrant and represent that you have read and understand the terms and conditions of this Disclaimer in its entirety. The terms and conditions shall govern the use of the MidAmerican Home Services website. All material and content generated and published by or submitted to MidAmerican Home Services shall remain MidAmerican Home Services’ sole property. MidAmerican Home Services is the sole owner of the MidAmerican Home Services website and all content, information, digital images, text, design or graphics, excluding those items that are licensed for its use. Reuse of MidAmerican Home Services’ website content, information, text, images, design or graphics is strictly prohibited without MidAmerican Home Services’ prior written consent. Your use of the MidAmerican Home Services website and any or all of its tools, content, promotional idea, or information in general implies that you have read the terms of this Disclaimer and that you agree to be bound by such terms. As used throughout this Disclaimer, the terms “MidAmerican Home Services”, “MidAmerican Homes”, or “MidAmerican” shall mean and include MidAmerican Home Services, LLC.

This website contains forward-looking statements that relate to future events or future financial performance. In some cases, forward-looking statements can be identified by the use of words or phrases such as “believe”, “expects” or “does not expect”, “is expected”, “anticipates” or “does not anticipate”, “plans”, “estimates”, “intends”, “predicts”, ”appears” or “potential”, or stating that certain actions, events or results “may”, “could”, “would”, “might”, or “will” be taken, occur or be achieved or other variations of these words or phrases, or other comparable words or phrases.

These forward-looking statements are only predictions; they involve known and unknown risks, uncertainties and other facts which may cause actual results, performance or achievements or industry results, to be materially different from any future results, levels of activity, performance or achievements express or implied by such forward-looking statements and cannot be guaranteed.

Access and Non-Exclusive License

At its sole and exclusive discretion, MidAmerican Home Services reserves the right to restrict certain areas of its website to approved registered users. In the event that any area of the MidAmerican Home Services website requires you to register with us prior to obtaining access, you agree to provide true, accurate, current and complete details, including but not limited to a member name and password as well as your name, address, telephone number and a valid email address. You agree to update your information as necessary to keep it accurate. In no event will MidAmerican Home Services be responsible for any losses, damages, or injuries arising out of the unauthorized use of your account and you agree to indemnify MidAmerican Home Services for any improper, unauthorized or illegal uses of your account. MidAmerican Home Services grants to you a limited, non-exclusive, non-transferable license to access and use the website in accordance with the terms of this Disclaimer. Any use of the website not specifically permitted under these terms is strictly prohibited. MidAmerican Home Services reserves the right to terminate your access to the website for any and any content or information thereon for any reason and at its sole and exclusive discretion.

Disclaimers Regarding Professional Services and Attorney Client Relationship

The content and functionality of MidAmerican Home Services website are provided with the understanding that MidAmerican Home Services is not engaged in rendering any professional advice or services to you in any form whatsoever, including but not limited to its website or the website’s content or tools. MidAmerican Home Services does not provide any investment advisory, tax, legal or financial services, and recommends that you consult a licensed real estate, tax, legal, accounting or investment professional to receive independent analysis and advise, in addition to completing your own due diligence before making any decision regarding the purchase or sale of real estate. No attorney client relationship is established by your use of the MidAmerican Home Services website or any linked site. ALL INFORMATION, FUNCTIONALITY, AND CONTENT INCLUDED THROUGH THE MIDAMERICAN HOME SERVICES WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MIDAMERICAN HOME SERVICES AND ITS THIRD-PARTY CONTENT PROVIDERS, IF ANY, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR ADEQUACY OF THE MIDAMERICAN HOME SERVICES WEBSITE CONTENT. MIDAMERICAN HOME SERVICES SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, INFORMATION CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE WEBSITE, OR ANY CONTENT PROVIDED BY ANY THIRD PARTY. IN NO EVENT WHATSOEVER SHALL MIDAMERICAN HOME SERVICES BE LIABLE FOR ANY DAMAGES OR LOSSES, WHETHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE OR FOR LOST REVENUES, PROFITS, OR INCOME WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

By using the MidAmerican Home Services website you acknowledge and understand that all investments, including real estate, are speculative in nature and involve substantial risk of loss. We encourage our investors to invest carefully and to get personal advice from your own professional investment advisors and to make independent investigations before acting on information that we publish. Much of our information is derived directly from information published by companies or submitted to governmental agencies but are without our independent verification. You acknowledge and understand that past performance is not necessarily indicative of future results. There is no guarantee that systems, indicators, or signals will result in any profits or that they will not result in losses. All investors are advised to fully understand all risks associated with any kind of investing they choose to do.

An investor’s performance and the value of their properties are subject to general economic conditions and risks associated with our real estate assets. There are significant expenditures associated with an investment in real estate (such as debt service, real estate taxes, and insurance maintenance costs) that generally do not decline when circumstances reduce the income from the property. Income from and the value of the properties acquired may be adversely affected for numerous reasons which includes, but is in no way limited to:

(a) downturns in international, national, regional and local economic conditions (particularly increases in unemployment);

(b) the attractiveness of the properties acquired to potential tenants and competition from other properties;

(c) increases in the supply of or decreases in the demand for similar or competing properties in our target markets;

(d) bankruptcies, financial difficulties or lease defaults by tenants;

(e) changes in interest rates, availability and terms of debt financing;

(f) changes in operating costs and expenses;

(g) (changes in, or increased costs of compliance with, governmental laws, rules, regulations and fiscal policies, including changes in tax, real estate, environmental and zoning laws, and our potential liability thereunder;

(h) our ability to provide adequate maintenance;

(i) changes in the cost or availability of insurance, including coverage for mold or asbestos;

(j) environmental conditions or retained liabilities for such conditions; tenant turnover;

(k) the illiquidity of real estate investments generally;

(l) residents’ perceptions of the safety, convenience and attractiveness of our properties and the neighborhoods where they are acquired;

(m) the ongoing need for capital improvements, particularly in older properties;

(n) the ability or unwillingness of residents to pay rent increases;

(o) civil unrest, acts of God, including earthquakes, floods and other natural disasters, which may result in uninsured losses, and acts of war or terrorism;

(p) rent control or rent stabilization or other housing laws, which could prevent us from raising rents;

(q) increases in property-level maintenance and operating expenses;

(r) significant competition in the leasing market for quality tenants; and

(s) seasonal factors throughout the year.

Third-Party Websites

To the extent the MidAmerican Home Services website provides links to any third-party websites, if any, such links are provided for you convenience only and the third-party sites, their products, and their services are not endorsed by MidAmerican Home Services in any manner.

Computer Hardware and Software

Your use of the MidAmerican Home Services website is at your sole option and discretion and you agree that you will assume the responsibility of the entire cost of any necessary repairs or service to your computer and computer system. MidAmerican Home Services will not be liable or responsible to you for any damage, loss, injury, claim, liability or cause resulting from the use of the MidAmerican Home Services website, its content or a third-party link. MidAmerican Home Services will not be liable or responsible for any claim or damage resulting from the failure of the MidAmerican Home Services website’s performance, error, service interruption, computer virus, unauthorized access to personal information, and opinions appearing on the website. MidAmerican Home Services is not responsible for any defamatory, offensive, or illegal activities of other subscribers or users of the MidAmerican Home Services website and MidAmerican Home Services’ liability in any event is limited to the fullest extent permitted by law.

Indemnificattion

You agree to indemnify, protect, defend and hold MidAmerican Home Services, its agents, employees, directors, founders and officers harmless from and against all losses, expenses, damages and costs, including attorney fees, resulting from your violation of the terms of this Disclaimer.

Jurisdiction and Governing Law

Any action or claim by you or by any third-party related to the MidAmerican Home Services website shall be brought in the State of Federal Courts located in Oakland County, Michigan, and you consent to the personal jurisdiction of such courts regardless of any choice of law issues. If any provision of this Disclaimer is found to be invalid by a court of competent jurisdiction, the remaining terms of this Disclaimer shall remain in full force and effect to the greatest extent permitted by law. These terms and conditions represent the entire agreement between you and MidAmerican Home Services, supersedes all prior agreements, negotiations, and understandings, and may not be modified without the express written consent of MidAmerican Home Services. Any and all rights not expressly granted in this Disclaimer are reserved by MidAmerican Home Services. Failure by MidAmerican Home Services to exercise any right or remedy under this Disclaimer does not constitute a waiver of that right or remedy.