This Terms and Conditions of Use Agreement (this "Agreement"), is entered into by and between Herald Real Estate, Inc. (collectively, "Herald Real Estate," "HeraldRealEstate.com" or "We") and you (alternatively referred to as "You", "Your" or "Customer") and sets forth the standards of use of the HeraldRealEstate.com website, and any and all of the websites listed at the URL www.HeraldRealEstate.com/links.php (hereinafter collectively referred to as the "Websites" or "Website"). This Agreement sets forth the legally binding terms governing your use of the Website and the services ("Services") outlined below, including any updates, enhancements, new features, and/or the addition of any new Internet web pages or links connected to the Website. If You do not agree to the terms and conditions of this Agreement, You should immediately cease all usage of the Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement and/or the Website without prior notice. Modifications shall become effective immediately upon being posted on the Websites. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be otherwise amended.

1. Description of Services and Fees
Herald Real Estate, Inc. provides You with the ability to contact or be contacted by licensed real estate brokers and real estate agents to purchase real estate and other real property and to receive information related to customary real estate transactions (the "Services"). HeraldRealEstate.com does not sell or list homes, but, instead, acts as a referral broker to brokers with which Herald Real Estate, Inc. has a referral agreement. Accordingly, real estate brokerage activities are performed by local licensed real estate brokers in the area of interest. In exchange, Herald Real Estate, Inc. receives a referral fee of up to 30% of the local broker’s commission derived from any purchase or sale based on such referrals. All referral fees are to be paid immediately after closing to Herald Real Estate, Inc.

In order to receive the Services, You agree to provide the contact information included as part of the Websites and agree that all information provided therein is true and accurate. By completing the form and submitting it to Herald Real Estate, Inc. through any of the Websites, You further authorize Herald Real Estate, Inc. to retain a copy of such information and forward the information provided on the form to its network of licensed real estate brokers and agents. You understand and agree that by submitting the referral information, You expressly consent to being contacted by a real estate broker or other real estate professional. You expressly consent and agree to be contacted by email or by telephone or other means by such real estate professionals even if the telephone number that You have listed is on the Do Not Call list.

2. Disclosures and Licensure
The Websites are operated by Herald Real Estate, Inc., a company registered and licensed to conduct business in the State of South Carolina.

3. Disclaimer of Warranties and Limitations on Liability
To the fullest extent permitted by applicable law, Herald Real Estate, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. Herald Real Estate, Inc. shall have no liability for any interruptions in the use of this Website. To the fullest extent permitted by law, Herald Real Estate, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. All materials, information, software products and services included in or made available to Customers through the Websites are provided "as is" and "as available" for your use as a Customer. HERALD REAL ESTATE, INC. AND ITS ASSOCIATED WEBSITES DO NOT WARRANT THAT THE CONTENT POSTED ON THE WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; THAT HERALDREALESTATE.COM AND ITS ASSOCIATED WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK. NEITHER HERALD REAL ESTATE, INC. NOR ANY OF ITS AGENTS, EMPLOYEES, LICENSORS OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR HERALD REAL ESTATE, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE, TRANSACTIONS INITIATED ON OR THROUGH THE WEBSITE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF HERALD REAL ESTATE, INC. OR ANY OF ITS AGENTS, EMPLOYEES, LICENSORS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE IN CERTAIN JURISDICTIONS.

All prices, incentives and rebate information, and other information displayed on the Websites are gathered from third-party sources, but no assurance can be given that this information is accurate, complete or current. We do not assume any responsibility for errors or omissions or warrant the accuracy of this information. Before purchasing any real estate or other goods or services You read about on the Websites, You should confirm with the appropriate broker or real estate agent any information (including the price) that is important to Your decision. The real estate brokers and agents advertising on the Websites are independent contractors and Herald Real Estate, Inc. does not monitor or control their advertisements or their sales behavior, including the truth of their statements regarding items for sale. HERALD REAL ESTATE, INC. CANNOT BE HELD LIABLE OR RESPONSIBLE FOR THE STATEMENTS, ACTIONS OR INACTIONS OF ANY BROKER OR REAL ESTATE AGENT OR OTHER PERSON CONTACTED THROUGH THE WEB SITE AND SHALL NOT BE DEEMED TO BE AN AGENT OR JOINT VENTURE PARTNER OF ANY SUCH BROKER OR REAL ESTATE AGENT. HERALD REAL ESTATE, INC. IS NOT RESPONSIBLE FOR ANY GOODS, SERVICES OR TRANSACTIONS YOU FIND OR COMPLETE THROUGH THE WEBSITE.

The Websites link to many other Websites, some operated by Herald Real Estate, Inc. and its affiliates and some are not operated by us. While we encourage you to consult such sites, we are not responsible for the products or services vendors provide through the Websites and we do not guarantee or warrant the prices, terms, quality, reliability or performance of the products or services provided by those vendors.

4. Indemnification
You agree to defend, indemnify and hold Herald Real Estate, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, (including reasonable attorneys’ fees and costs), made by any third-party due to or arising out of Your use of the Services, the breach of this Agreement, or infringement of any intellectual property or any other right of any such third-party.

5. Personally Identifiable Information
Through our Website, we collect personally identifiable information about You and transmit that information to real estate brokers and real estate agents in the Herald Real Estate, Inc. network. Those brokers and agents are not affiliated with either HeraldRealEstate.com or Herald Real Estate, Inc. or any of the other media companies or domain names on which we host "co-branded" versions of any of the HeraldRealEstate.com website, and often those brokers and agents are not affiliated with the intermediary companies that assist us in transmitting your information to those brokers and agents. These Services are provided on an "as is" basis; neither we, such other media companies nor such intermediary companies make any representation or warranty concerning, or are responsible for, any of the products or services those brokers or agents provide, the manner in which the real estate or real estate services are provided, or for any use made by those brokers or dealers of Your personally identifiable information. By using the Websites, You agree to be bound by the terms and conditions contained in the Herald Real Estate, Inc. Privacy Policy.

6. Modifications to Service
Herald Real Estate, Inc. reserves the right to modify or discontinue the Service with or without notice to You. Herald Real Estate, Inc. shall not be liable to You or any third-party should Herald Real Estate, Inc. exercise its right to modify or discontinue the Service.

7. Governing Jurisdiction of the Courts South Carolina
Our Websites are operated and provided in the State of South Carolina. As such, Herald Real Estate, Inc., its associated Websites and its affiliates are subject to the laws of the State of South Carolina, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Website or other Services are appropriate, legal or available for use in other locations. Accordingly, if You choose to access our Website, You agree to do so subject to the internal laws of the State of South Carolina. You Agree that jurisdiction and venue with respect to any and all disputes arising under this Agreement shall be exclusively in Horry County, South Carolina or in the United States District Court for the District of South Carolina, Florence Division.

8. Compliance with Laws
Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the Websites in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 Herald Real Estate, Inc., with all rights reserved, or is the property of Herald Real Estate, Inc. and/or its affiliates and is expressly protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Herald Real Estate, Inc., is strictly prohibited. Customers agree that they will not use any robot, spider, or other automatic device, or manual process to monitor, copy or disrupt our web pages or the content contained therein without prior written permission of an authorized officer of Herald Real Estate, Inc.

All other trademarks displayed on the Websites are the trademarks of the respective owners whose names appear on the Website, and constitute neither an endorsement nor a recommendation of the owners of such trademarks. In addition, such use of trademarks or links to the websites of such trademark owners is not intended to imply, directly or indirectly, that those owners endorse or have any affiliation with Herald Real Estate, Inc.

10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Herald Real Estate, Inc. designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

By email: terms@HeraldRealEstate.com; or by regular mail to:

Kent K. Strobel, BIC
c/o Herald Real Estate, Inc.
3364 Huger Street
Myrtle Beach, SC 29577

11. Other Terms
If any provision of this Terms of Use Agreement shall be found by a court of competent jurisdiction to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent permitted by law. By using the Websites, You expressly agree that this Terms and Conditions of Use Agreement and any other agreement referenced herein may be assigned by Herald Real Estate, Inc., in our sole discretion, to a third-party in the event of a merger or acquisition or sale of substantially all of the assets of Herald Real Estate, Inc. to a third-party. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to Your participation as a Customer. Customer agrees that by accepting this Terms of Use Agreement, Customer is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.

Any rights not expressly granted herein by Herald Real Estate, Inc. to Customer are hereby reserved.

PLEASE PRINT OR DOWNLOAD A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

© 2007 Herald Real Estate, Inc.Msup>TM, All Rights Reserved

WCSR 3633507v4

Revised June 29, 2007.