Please read this page carefully, as it contains the terms of a legal agreement between you and Sun Properties LLC that govern your access TO, use of, and purchase of services AND/OR GOODS made available on Sun Properties LLC. By accessing, USING, purchasing services OR GOODS MADE AVAILABLE ON, and/or otherwise utilizing Sun Properties LLC you acknowledge that you have read, understood and agreed to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. If you do not agree to all of these terms, you may not access, USE, purchase services AND/OR GOODS made available on and/or otherwise utilize Sun Properties LLC.

The website mralaskarealestate.com is owned and operated by Sun Properties LLC ("Company").
The Company is a licensed real estate brokerage in the state of Alaska and offers "for sale by owner"
services. The Company is a member of the statewide Alaska MLS and lists property for sale in the
Alaska MLS. References in this Agreement to the "Site" shall mean mralaskarealestaet.com, including
but not limited to all web pages appearing on the mralaskarealestate.com internet domain, and all
services and products made available on mralaskarealestate.com, including but not limited to the
services and products identified in this Section 1. References in this Agreement
to"mralaskarealestate.com" shall mean any and all web pages or other content or information appearing
on the mralaskarealestate.com internet domain or computer servers owned or utilized by the
Company.
 

 

This Agreement shall be governed by and construed in accordance with the laws of the State of
Alaska, notwithstanding the conflict of law's provisions of any state. You irrevocably and
unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts
in the state of Alaska, (the "Alaska Courts") for any litigation or dispute arising out of or
relating to this Agreement or your performance or nonperformance hereunder (including but not
limited to collection matters), (ii) agree not to commence any litigation arising out of or relating
to this Agreement or the Company's performance or nonperformance hereunder except in the
Alaska Courts, (iii) agree not to plead or claim that such litigation brought therein has been
brought in an inconvenient forum, and (iv) agree the Alaska Courts represent the exclusive
jurisdiction for all disputes arising out of or relating to this Agreement, or either parties'
performance or nonperformance there under. Disputes arising out of or relating to this
Agreement shall include but not be limited to disputes arising out of or relating to your access
to, use of and/or purchase of services or goods made available on mralaskarealestate.com. You
agree that regardless of any statute or law to the contrary, any claim or cause of action by you
arising out of or related to your use of the Site, the Agreement, or the Company's performance
or nonperformance under the Agreement, must be filed within one (1) year after such claim or
cause of action arose, or it shall be forever barred.

a. Access.
You shall be solely responsible for hardware, interconnections and
telecommunications to access the Site. You agree that you will not use any robot, spider, other
automatic device, or manual process to extract, "screen scrape, "monitor, "mine," or copy any
static or dynamic web page on the mralaskarealestate.com website or the content contained on
any such web page for commercial use without the Company's prior express written
permission. You will not spam or send unsolicited e-mail or other messages to any other user of
the Site for any reason, by means of mralaskarealestate.com or otherwise. You agree that you
will not use any device, software or routine to interfere or attempt to interfere with the proper
working of the Site. You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on mralaskarealestate.com, the Company's computer system, or
other infrastructure. You agree not to modify, translate, reverse engineer, decompile,
disassemble or create derivative works based upon, the Site or any software or programming
related thereto. Any access or attempt to access any areas of the Company's computer system,
or information contained on the system, except for mralaskarealestate.com and information
contained thereof, for any purposes, is strictly prohibited.
b. Use.
The Site is for the exclusive use of buyers and sellers of real estate and related service
providers. Subject to the terms contained herein, Company hereby grants to you a nonexclusive,
non-transferable, non-sub licensable, world-wide license to use the Site, which shall
include the right to search, display and print the property listings appearing on
mralaskarealestate.com for personal, noncommercial use only, provided you do not modify the
materials and that you retain all copyright and other proprietary notices contained in the
materials. Company reserves any rights not expressly granted herein. You may not search,
display, print, distribute copy, reproduce, publish, download, or transmit any material on the
Site for commercial use without prior written approval of Company. You may not "mirror" or
"frame" any material contained on this Site on any other server or website, regardless of means,
without prior written permission from Company. The Company reserves the right to monitor
your access and use of the Site and your compliance with the terms hereof without notice to
you.
c. Use Restrictions.
You agree not to post, transmit, e-mail, re-transmit or store material on,
through or from the Site which, in the sole judgment of the Company:(1) is in violation of any
local, state, federal or non-United States law or regulation, (2) is threatening, obscene, indecent,
defamatory or that otherwise could adversely affect any individual, group or entity or (3)
violates the rights of any individual, group or entity, including rights protected by copyright,
trade secret, patent or other intellectual property or similar laws or regulations including, but not
limited to, the installation or distribution of "pirated" or other materials that are not
appropriately licensed for use by you. You shall be responsible for determining what laws or
regulations are applicable to your use of the Site. You may only use the Site in a manner that, in
the Company's sole judgment, is consistent with the purposes of the Site. If you are unsure of
whether any contemplated use or action is permitted, please contact the Company immediately
at rickakestate@gmail.com for clarification. By way of example, and not limitation, the
following uses described below of the Site are expressly prohibited:
i. upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable, or that could give rise to any
civil or criminal liability under both domestic and international law. Pornography and
pornographic related merchandising are prohibited, including providing links to pornographic
content elsewhere;
ii. Threaten to harm, attempt to harm or actually harm minors in any way;
iii. impersonate any person or entity, including, but not limited to, a Company employee or
agent, or falsely state or otherwise misrepresent your affiliation with a person or entity, or
misrepresent yourself as actual buyers or sellers of real estate;
iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any
content transmitted through the Site or develop restricted or password-only access pages, or
hidden pages or images (those not linked to from another accessible page);
v. upload, post, e-mail or otherwise transmit any content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
vi. upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
vii. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation, or solicit any person or company using any telephone number, email
address or other contact information found on the Site for any reason other than the purchase of
real estate or related services advertised for sale on the Site;
viii. upload, post, e-mail or otherwise transmit any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment;
ix. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any
requirements, procedures, policies or regulations of networks connected to the Site;
x. Intentionally or unintentionally violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the Federal Communications
Commission, U.S. Department of Housing, the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
xi. "Stalk" or otherwise harass another;
xii. Promote or provide instructional information about illegal activities, promote physical
harm or injury against any group or individual, or promote any act of cruelty to animals. This
may include, but is not limited to, providing instructions on how to assemble weapons or
creating "Crush" sites;
xiii. Effecting security breaches or disruptions of Internet communication. Security breaches
include, but are not limited to, accessing data of which you are not an intended recipient or
logging into a server or account that you are not expressly authorized to access;
xix. Rent, lease, transfer, resell and/or otherwise transfer rights to the Site; and
xx. Delete or write over any portion of any listing or software appearing on or relating in any
manner to the Site.
d. Hyperlinks.
You are granted a limited, nonexclusive right to create a "hypertext" link to
mralaskarealestate.com provided that such link does not portray the Company or the Site in a
false, misleading, derogatory, or otherwise defamatory manner. This limited right may be
revoked at any time for any reason whatsoever. You may not use framing techniques to display
any content, information, layout, design, copyrighted works, trademark, logo or trade name
appearing on mralaskarealestate.com. Links on the Site to third party websites are provided
solely as a convenience to you. If you use these links, you will leave the Site. Company has
not reviewed all of these third party websites and does not control and is not responsible for any
of these sites, their content or their policies, including, without limitation, privacy policies or
lack thereof. Except as expressly set forth on the Site, Company does not endorse or make any
representations about third party websites or any information, software or other products or
materials found there, or any results that may be obtained from using them. If you decide to
access any of the third party websites linked to by this Site, you do so entirely at your own risk.

a. General.
The Company's Internet operations, design, hardware designs, algorithms,
software (in source and object forms), user interface designs, other templates and designs,
algorithms, architecture, class libraries, and documentation (both printed and electronic), knowhow,
good will, moral rights, trade secrets and any related intellectual property rights
throughout the world, and any derivative works, improvements, modifications, enhancements or
extensions thereof, shall remain the sole and exclusive property of Company, and you shall have
and acquire no interest in them whatsoever.
b. Copyright and Trademark.
All information, content and materials that appear on
mralaskarealestate.com, including, without limitation, text, photographs, images, pictures,
graphics and other files, and the selection and arrangement thereof, but excluding information,
content and materials that are submitted to the Site by users thereof, are copyrighted materials
of the Company (the "Copyrighted Works"). The trademarks, service marks, trade names, trade
dress and logos used and displayed on this Site (including all page headers, custom graphics,
button icons, and scripts), but excluding marks, names and logos submitted to the Site by users
thereof, are registered and unregistered trademarks, service marks, trade names, trade dress and
logos of the Company (the "Trademarks").You acknowledge that the Copyrighted Works and
Trademarks used and displayed on this Site are and shall remain the sole property of the
Company. Nothing in this Agreement shall confer any right of ownership of any of the
Copyrighted Works or Trademarks in you. Further, nothing in this Agreement shall be
construed as granting, by implication, estoppels or otherwise any license or right to use any of
the Copyrighted Works or Trademarks used or displayed on the Site, without the express written
permission of the Company. Neither the Copyrighted Works nor the Trademarks may be
copied, imitated or used, in whole or in part, without the prior written permission of Company.
c. Company as Intermediary.
The Company does not create, make, author, write, print or
otherwise produce any of the for-sale, bankruptcy or rental property listings that appear on
mralaskarealesatte.com, including but not limited to the text, photographs, images and links to
third party websites contained therein. All such property listings are produced and submitted to
mralaskarealestate.com by others.
 

The Site, including all content, services, goods, software, functions, materials, and information
found or available thereon, is provided "as is" and "as available" without warranties of any
kind, either express or implied. The Company disclaims all warranties, express or implied, of
any kind, including, but not limited to, warranties of quiet enjoyment and non-infringement and
implied warranties of merchantability, fitness for a particular purpose, non-infringement, title,
quiet enjoyment, merchantability of computer programs, data accuracy, system integration,
informational content, and others expressly disclaimed below in this Section 5. Company does
not warrant or make any representations regarding the operation of the Site, the use, validity,
applicability, propriety, accuracy or reliability of, or the results of the use of the Site or any
other sites linked to from this Site. The Site materials may be out of date, and Company makes
no commitment to update the Site materials or otherwise monitor same. Company does not and
cannot guarantee or warrant that the files available for downloading from the Site, if any, will
be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating
or destructive properties. Company does not warrant that the Site, including any software,
materials, products, or services, will be uninterrupted or error-free or that any defects in the
Site, including any software, materials, products, or services will be corrected. Company
assumes no responsibility for the alteration, deletion, mistakenly delivered or failure to deliver
or store any of your communications, data, or personalization settings, including but not limited
to messages sent or received by means of the Site. Company makes no warranty that the Site
will meet your requirements, that the Site will be secure or error or virus free, or those defects
in the software driving the Site will be corrected. You understand and agree that any material
and/or data downloaded or otherwise obtained through the use of the Site is done at your own
discretion and risk and that you will be solely responsible for any damage to a computer system
or loss of data that results from the download of such material and/or data. No advice or
information, whether oral or written, obtained by you through the Site shall create any warranty
not expressly made herein. Company makes no warranties regarding the number or types of
properties available for sale on the Site, or whether any property listed on the Site for sale or
rental will ever be purchased or rented. Company makes no warranties regarding any of the
terms a buyer or seller may or will obtain with respect to any property listed on the Site, the
number of ‘hits' or page views of any property listed on the Site, or the scope of dissemination
of any property listed on the Site. Company makes no warranties whatsoever regarding the
ownership, authority to sell or rent, or condition of any property listed on the Site, or the
sincerity or ability to pay of any potential buyer or tenant. The Company makes no warranties
regarding the quality or quantity of telephone calls, email or other inquiries received by users
that advertise on the Site. Company makes no warranties regarding the appearance, alteration
or removal of a property listing on third-party websites or the like. The Company makes no
warranties that a property listing will appear anywhere in particular online or offline, or for any
period of time, except as expressly set forth on the Site. The Company makes no warranties
regarding the quality or quantity of properties listed on the Site for sale or rent. The Company
makes no warranties regarding the quality of the service providers that advertise on the Site or
regarding the services or goods provided by same. The Company makes no warranties
regarding the ability of a Site user to access or use the Site, or purchase services or goods made
available on the Site, at any particular time or times or from any particular geographic location,
area, state or region.

 

In no event will Company, its parents, subsidiaries, shareholders, directors, affiliates, officers,
employees, or agents be liable for any damages, losses, or liability, including, without
limitation, (i) direct, indirect, special, incidental, or consequential damages, (ii) damages, losses
or liability resulting from failure to sell, purchase or rent real property on certain terms or
otherwise,(iii) damages, losses or liability resulting from lost profits, lost data (or other
intangibles), or business interruption, either arising out of or relating to the use of the Site
(including the use of the services of any third parties that mralaskarealestate.com links to) and
any information contained thereon, or the inability to use the Site, or(iv) resulting from your
failure to comply with this Agreement, whether based on warranty, contracts, statutes,
regulations, tort (including but not limited to, negligence) or any other legal theory and whether
or not advised of the possibility of such damages. If your use of the materials or information
from this Site results in the need for servicing, repair or correction of equipment or data, you are
responsible for all costs thereof. Your sole and exclusive remedy under this Agreement is to
discontinue use of the Site. Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
 

You agree to immediately notify Company of and defend, indemnify and hold the Company
and its shareholders, subsidiaries, affiliates, directors, officers, employees and agents harmless
from, any claim, loss, or demand (including reasonable attorneys' fees and costs) made by any
third party arising out of or a result of (i) your use of the Site (including the unauthorized use of
your account or any other breach of security known to you); (ii) the violation of any term of this
Agreement by you; (iii) the direct or contributory infringement by you, or another user using
your account, of any intellectual property any person or entity; or (iv) any information you
obtained from the Site.
 

You are solely responsible for the contents of your submissions or messages intended for the
Company or third parties, made to or sent from mralaskarealestate.com or otherwise, and same
shall be treated as non-confidential and non-proprietary unless expressly stated otherwise. You
grant to the Company a worldwide, perpetual, irrevocable, royalty-free, sub licensable right, in
any media now know or currently known, to exercise all copyright and other intellectual
property rights with respect to such submissions or messages. You agree that any such
submissions or messages, including but not limited to property listings, or any derivative works
thereof, may be disseminated, distributed, publicly displayed on third party websites,
reproduced, used, sublicensed, posted, or published by the Company, and searched, displayed,
printed or otherwise used or exploited by Company's customers, in accordance with the Privacy
Policy posted on mralaskarealestate.com. You agree to provide true, accurate, current and
complete information and to maintain and promptly update such information to keep it true,
accurate, current and complete. You warrant that you own and are authorized to offer for sale
and to sell any property you submit to the Site for listing. You represent and warrant to the
Company that any information, photographs, images, graphics, video records or the like, virtual
tours, drawings, written descriptions, remarks, narratives, pricing information and other
copyrightable elements relating to your property listing do not violate or infringe upon the
rights, including any copyright rights, of any person or entity.
9. User Password/Security
You will receive a password during the registration process which is for your use only. You are
fully responsible for maintaining the confidentiality of your password and all actions taken on
the Site after access is obtained by means of your password. You agree to immediately notify
Company by e-mail at rickakestate@gmail.com of any unauthorized use of your password or
account or any other breach of security relating to the Site.
 

All charges shall be at the then-advertised price for the service(s) selected, and must be paid by
direct charge to a credit card. You hereby authorize Company to charge such credit card to pay
for any charges that you may incur in the future as they accrue. You must notify Company of
any changes to your credit card account (including, without limitation, applicable account
number or cancellation or expiration of the account), your billing address, or any information
relating to the Company's ability to charge your account. Once your property listing is posted
on mralaskarealestate.com, you agree that all sales are final, and there are no credits or refunds
whatsoever. You may alter or remove your property listing from mralaskarealestate.com by
clicking on ‘Modify Your Listing' and logging in. Failure to make any payment as set forth
herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause
for the immediate termination of this Agreement by Company. In the event of collection
enforcement, you will be liable for any costs associated with such collection, including, without
limitation, reasonable attorneys' fees, court costs and collection agency fees. All charges shall
be exclusive of any applicable taxes. You are responsible for the payment of all federal, state,
and local sales, use, value added, excise, duty and any other taxes assessments, other than taxes
based on Company's net income
 

The Company attempts to display the seven most recently submitted for-sale property listings
(along with a single photograph of each property if one is provided by Seller), on the
mralaskarealestate.com home page. These property listings must be submitted by means of the
mralaskarealestate.com website, be paid for in full, and must not contain any objectionable
content. These listings will automatically be rotated off of the mralaskarealestate.com
homepage in real time (and will not reappear on the mralaskarealestate.com homepage) as new
for-sale property listings are submitted to the Site. Placement of your property listing on the
mralaskarealestate.com homepage, or placement for any period of time or in any particular
manner, is neither guaranteed nor available for purchase.
 

This Agreement may be terminated by any party immediately for any reason or no reason,
including but not limited to your breach of this Agreement. Upon any termination of this
Agreement, (i) your license and authorization to use the Site shall terminate immediately
without notice; (ii) you must immediately discontinue use of the Site, including any hyperlinks
to the Site; (iii) you must immediately destroy any downloaded or printed materials; and (iv) the
Company will remove from the Site any listings or other materials you may have previously
submitted. Sections 2, 4, 5, 6, 7, 10, 14, 16 and17 of this Agreement shall survive any
termination of this Agreement.
 

Company may alter or amend this Agreement at any time without notice by revising this page.
By accessing, using or purchasing services or goods made available at mralaskarealestate.com,
you agree to be bound by any such revisions and should therefore periodically visit this page to
determine the then current terms and conditions to which you are bound. Company may alter or
amend the content of mralaskarealestate.com, including the services and goods made available
at mralaskarealestate.com, at any time and without notice. For example, the Company may, in
its sole discretion and at any time, discontinue the Site, or any component thereof.
 

Notices given by Company to you will be sent to thee-mail address or conventional mailing
address you provide to Company as part of the registration process, or to updated addresses
which you provide to Company via notice consistent with this Section 16. Notices given by
you to Company must be given by e-mail to rickakestate@gmail.com. Notwithstanding
anything herein to the contrary, it is your sole responsibility to update your e-mail and mailing
address for notices hereunder, and notice sent to the e-mail or conventional mailing address last
provided by you to Company shall be valid and binding on you regardless of whether such
address has been changed, canceled, has expired, has been terminated, or otherwise becomes
inoperative.
 

This Agreement shall be deemed to express, embody and supersede all previous
understandings, agreements and commitments, whether written or oral, between you and the
Company with regard to the subject matter hereof. If any provision(s) of this Agreement is held
by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the parties with the other provisions
remaining in full force and effect. Company's failure to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by Company in writing. The Section titles in this Agreement are
solely used for the convenience of the parties and have no legal or contractual significance.
This Agreement may be assigned in whole or in part by Company. Neither this Agreement, nor
the rights and obligations contained herein, may be assigned in any manner by you without the
prior express written permission of Company. These terms do not alter in any way the terms of
any other separate agreement you may have with Company.
This Agreement was last revised on October 1, 2017.