Effective Date: 08.19.2025
Welcome to By Rybicki (the “Site”), which is operated by Matthew Rybicki PLLC, an Arizona professional LLC doing business as By Rybicki. Our business address is 15333 N Pima Rd. Ste 130, Scottsdale, Arizona 85260, and we can be contacted at support@byrybicki.com or +1 (480) 910-4422. These Terms of Service (“Terms”) govern your access to and use of the Site. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any other applicable policies (including our Privacy Policy). If you do not agree with these Terms, you should not use this Site. Your continued use of the Site constitutes acceptance of any updated Terms posted here. We reserve the right to update or modify these Terms at any time, in our sole discretion, with or without prior notice. We will post the effective date of any changes at the top of this page, and it is your responsibility to review the Terms periodically for updates.
By Rybicki provides a variety of real estate-related information and services through this Site, including:
All services and content on the Site are provided for informational purposes and for your personal, non-commercial use. We do not charge any fees for using the Site or any of its features. (Any professional real estate services we provide, such as acting as your real estate agent in a transaction, are arranged separately and are subject to their own agreements.) Users are not required to create an account or login to use the Site. Use of the Site does not establish any client, agency, or fiduciary relationship with us; an agency relationship is only formed through a separate written agreement if you choose to engage Matthew Rybicki PLLC as your real estate broker/agent. We reserve the right to modify, suspend, or discontinue any part of the Site or services at any time, for any reason, without notice or liability to you.
Minimum Age: The Site is intended for use by individuals who are 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction) . If you are under 18, you may browse the Site for informational purposes only with the permission and supervision of a parent or guardian, and you must not submit personal information or use our professional services. Our real estate brokerage services (such as entering into a listing or buyer representation agreement) are only available to adults 18+ who can legally enter binding contracts.
Lawful Use: You agree to use the Site only for lawful purposes and in compliance with all applicable laws and regulations. You are responsible for ensuring that your use of the Site is compliant with U.S. law and any applicable local laws, including export control and sanctions regulations . By using the Site, you agree that you will not engage in any of the following prohibited activities:
Byrybicki reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates the above rules or any other provision of these Terms. This can include removing or editing content you submit (if applicable), and suspending or terminating your access to the Site. You understand that violation of these Terms may also expose you to civil or criminal liability.
Ownership of Site Content: All content and materials on the Site – including text, graphics, logos, images, videos, design elements, software, and compilations of data – are the property of Matthew Rybicki PLLC (By Rybicki) or its content suppliers and are protected by United States and international copyright, trademark, and other intellectual property laws . This includes our business name and logo (“By Rybicki”), slogans, and all original content presented on the Site. Even if our trademarks or copyrights are not formally registered, we assert our ownership over our branding and content. All rights not expressly granted to you in these Terms are reserved by us. Third-party trademarks, service marks, and logos appearing on the Site (for example, the trademarks of REALTOR®, Keller Williams Realty, or others, if displayed) are the property of their respective owners and are used on the Site for identification purposes only. Nothing in these Terms grants you any license or right to use any of those third-party marks.
Limited Personal Use License: We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and its content for your own personal, non-commercial use . This means you may view, download, and print content from the Site for personal use only, such as reading our articles or saving property information for your reference. However, you may not: (a) remove or alter any copyright, trademark, or other proprietary notices from copies of the content; (b) distribute, publicly display, or perform the content; (c) modify or create derivative works of the content; or (d) use any content from the Site for any commercial purpose without our express written permission.
Sharing Our Content: We encourage you to share our blog posts or content by using the built-in sharing features (such as social media share buttons) or by linking to our pages. You may forward our articles or share links on social media for non-commercial purposes, provided you give appropriate credit to By Rybicki and do not alter the content. However, framing our Site or copying large portions of our content onto another website without permission is prohibited. If you wish to reuse or repost our content beyond brief excerpts or social shares, please contact us for permission. We are generally happy to allow non-commercial sharing with proper attribution, but you must obtain written consent for any use beyond what is allowed by law (such as fair use).
Prohibition on Unauthorized Use: Except as expressly allowed above, you may not reproduce, distribute, republish, download, display, post, or transmit any content from our Site in any form or by any means without our prior written consent . You also may not use our logo, branding, or name (“By Rybicki”) in any metatags or hidden text, or imply any affiliation with or endorsement by us, without permission . Any unauthorized use of our content or Site may violate copyright, trademark, and other laws, and could result in civil or criminal penalties.
User Contributions: (Note: Typically, users do not post content on our Site aside from sending inquiries. We do not offer public forums or user-generated content features. If in the future we allow you to submit comments, reviews, or other content, any such user submissions would remain your property, but by submitting them you would grant us a license to use, display, and distribute that content. For now, this section is primarily informational.) If you choose to provide feedback, ideas, or suggestions to us regarding the Site or our services (“Feedback”), you agree that we can use and implement such Feedback without restriction or compensation to you, and that you have no obligation of confidentiality in providing such Feedback.
By using our Site and providing your contact information (such as email address or phone number) through our forms, you consent to receive communications from us related to your inquiry or the services you requested. You acknowledge and agree that:
Please note that even if you opt out of marketing communications, we may still send you transactional or informational messages as needed (for example, responding to a specific inquiry you sent, or emailing you information you requested about a property). We value your privacy and preferences, and you can review our Privacy Policy for more details on how we collect and use contact information. By providing your contact information to us, you confirm that it is your own contact detail and that you are authorized to receive communications at that contact point. You also agree to notify us if you change or deactivate that number or email to prevent us from inadvertently contacting someone who acquires your old contact information.
The information on this Site is provided for general informational purposes only. While we strive to present accurate and up-to-date real estate information, we do not guarantee the completeness, accuracy, or reliability of any information on the Site . This includes (but is not limited to) information about property listings, availability, pricing, market trends, interest rates, statistical data, and any commentary or analysis we provide. Real estate markets are dynamic and subject to change – properties may be sold or off-market, prices may fluctuate, and market conditions can evolve rapidly. All real estate information is presented “as-is” without any warranty that it is current or error-free. You should independently verify any important information before making decisions. For example, if we display a home’s listing details or a market statistic, you should confirm those details through official sources (such as the Multiple Listing Service data or public records) or by contacting us directly for the most up-to-date information.
No Professional Advice: Nothing on this Site constitutes legal, financial, or real estate advice specific to your situation. The content is provided for general education and marketing purposes and is not a substitute for personalized professional advice. If you are seeking advice on buying or selling a home, obtaining a mortgage, legal issues in real estate, or any other professional matter, you should consult with an appropriate licensed professional. By Rybicki (Matthew Rybicki PLLC) is a licensed real estate professional in Arizona, but any guidance on this Site is not tailored to any particular person’s circumstances. Contacting us through the Site or receiving a consultation does not obligate you to work with us, nor does it by itself create an agent-client fiduciary relationship. Any formal engagement of our brokerage services will be confirmed through a separate written agreement.
No Guarantee of Results: Any testimonials, examples, or success stories on the Site are intended to illustrate possible outcomes but are not guarantees of what will happen in your particular case. For instance, if we share that a past client sold their home above asking price, that does not mean every client will have the same result. Any forward-looking statements (like predictions about market conditions) are speculative and reflect our opinion only, not certainty. You should use your own judgment and/or seek professional advice when interpreting the information provided. You assume all risk for any actions you take (or choose not to take) based on information on our Site. We will not be liable for any losses or damages that result from your reliance on any information obtained through the Site (see the “Limitation of Liability” section below for more on this) .
Third-Party Data and Links: Some information on our Site may be provided by third parties – for example, we might display data from a real estate listing service, market data from a third-party source, or link to external resources (like a mortgage calculator or a real estate news article). While we strive to use reputable sources, we cannot guarantee the accuracy or timeliness of third-party information. Any listings or market statistics are subject to errors, omissions, or delays in reporting. Always verify important data with official sources. If the Site contains any financial or mortgage calculators, note that those are for illustrative purposes only and should not be relied upon as final – actual loan terms must be obtained from a lender. We disclaim responsibility for any third-party content or services referenced on our Site, as detailed in the next section.
External Websites: Our Site may include links to third-party websites or services that are not owned or controlled by By Rybicki. For example, we may provide links to property search portals, mortgage lenders, home inspectors, or community information. We may also integrate third-party tools on our Site, such as: scheduling services (e.g., Motion for booking appointments), online forms (e.g., Tally for survey or contact forms), customer relationship management (CRM) and lead capture tools (e.g., Follow Up Boss), analytics and advertising pixels (e.g., Google Analytics and Meta/Facebook Pixel), or other widgets. These third-party services are provided for your convenience, to enhance your experience on our Site. However, we do not have control over the content, operations, or policies of these third-party websites or services, and we do not assume any responsibility for them .
No Endorsement: A link to or integration of a third-party service on our Site does not imply that we endorse, supervise, or warrant the third party or its content . Each third-party site is governed by its own terms of service and privacy policy, and we encourage you to review those when you leave our Site or interact with the third-party feature. For example, if you schedule a call via a Motion booking link, you may be subject to Motion’s terms; if you fill out a Tally form embedded on our Site, the data may be processed through Tally’s system under their terms/privacy policy; if you interact with a Follow Up Boss chat or form, that information is handled by Follow Up Boss on our behalf. Any personal information you provide to third-party services via our Site is governed by those third parties’ policies, not just ours, so please use your discretion and read their terms.
Third-Party Content: We are not responsible for the accuracy, relevance, legality, or decency of content on third-party sites that we link to. If you click on a link to an external site, you do so at your own risk. By Rybicki will not be liable for any loss or damage that may arise from your use of third-party websites or services. This includes any dealings you may have with third parties found through our Site. For instance, if you use a linked service to apply for a mortgage or if you engage a home service provider we mentioned, that transaction is solely between you and that third party. We make no warranties or representations about third-party sites or any information, products, or services they may offer.
Integration of Technology: We strive to keep the Site running smoothly with the help of various technology providers. However, since these are outside services, we cannot guarantee their performance or uptime. For example, if our scheduling widget is down or a form does not submit due to a third-party outage, we are not responsible for such technical issues. If you encounter a broken link or a malfunctioning third-party feature on our Site, we welcome you to notify us so we can attempt to fix or update it. But any failure of third-party components will not be considered a breach by us.
In summary, when you access third-party links or features through our Site, you do so subject to those third parties’ terms, and at your own risk. We encourage you to exercise caution and good judgment when navigating to external resources.
Use “As-Is” and “As Available”: Your use of the Site and our services is at your sole risk. The Site, including all content, features, and services, is provided “AS IS” and “AS AVAILABLE”. By Rybicki (Matthew Rybicki PLLC) makes no express or implied warranties or representations about the Site or any content on it . To the fullest extent permitted by law, we disclaim all warranties of any kind – whether express, implied, or statutory – regarding the Site. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement . We do not warrant that the Site will meet your requirements or expectations.
No Guarantee of Error-Free Experience: We do not guarantee that the Site will be uninterrupted, timely, secure, or error-free . We do not warrant that any functions or content on the Site will always be available or free of errors, defects, viruses, or other harmful components . While we take reasonable measures to protect our Site, we cannot promise that it will be immune from unauthorized access, hacking, data loss, or other security breaches. You are responsible for implementing adequate safeguards on your own devices (such as using anti-virus software and up-to-date browsers) to protect yourself from any harm that could arise from accessing the internet or our Site .
Content Accuracy and No Duty to Update: We do not warrant or represent that the information on the Site is accurate, reliable, complete, or current . We assume no liability or responsibility for any errors or omissions in the content of the Site . Although we may update the content from time to time, we have no obligation to update every piece of information on any schedule, and we expressly disclaim any duty to update the materials. Any content on the Site may be out of date at any given time, and we make no commitment to keep it up to date.
No Warranty for Results: We make no warranty that using the Site or following any recommendations on the Site will lead to successful outcomes in real estate transactions or any particular results. For example, we do not warrant that you will be able to buy or sell a property at a certain price or within a certain timeframe by using our services. Any predictions or opinions we express on the Site are not guaranteed.
Third-Party Services and Downloads: We make no warranties regarding any third-party services or content accessible through our Site (as discussed in Section 7). If you download any material from the Site or via a linked resource, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. We do not guarantee that files or content downloaded from the Site will be free of infection by viruses or other harmful code .
Some Jurisdictions’ Rights: Important: Certain jurisdictions (for example, some states or countries) do not allow the exclusion of specific warranties or limitations on certain guarantees for consumers. If those laws apply to you, some of the above disclaimers may not fully apply, and you may have additional rights. In such cases, our warranties are limited to the maximum extent permitted by applicable law .
In summary, By Rybicki provides this Site without any promise that it will be flawless or that the information will always be accurate. You assume full responsibility for your use of the Site. We are providing a platform and information, but we are not making guarantees or warranties about the site’s performance or the information’s suitability for your needs .
No Indirect or Consequential Damages: To the fullest extent permitted by law, Matthew Rybicki PLLC (By Rybicki) and its owners, employees, affiliates, agents, and licensors will not be liable to you for any indirect, incidental, consequential, special, or punitive damages whatsoever arising out of or relating to your use of (or inability to use) the Site or the services or content provided, even if we have been advised of the possibility of such damages . This limitation includes, but is not limited to, any damages for lost profits, lost opportunities, loss of data, business interruption, reputational harm, or procurement of substitute goods or services. We will not be liable for any personal injury or property damage or any other loss arising out of your use of the Site.
No Liability for Certain Acts: By Rybicki shall not be responsible for any liability arising from: (a) errors or inaccuracies in the content of the Site; (b) any delay or failure in the transmission of data to or from the Site (for example, if a form submission doesn’t reach us due to network issues); (c) unauthorized access to or alteration of your transmissions or data; or (d) conduct of any third parties on or related to our Site (such as the actions of other websites, service providers, or hackers). We are also not liable for any events beyond our reasonable control, such as internet outages, technical failures, acts of God, or government restrictions.
Cap on Direct Damages: To the extent that any liability is not legally excludable, our total cumulative liability to you for any direct damages or losses (whether in contract, tort, or any other legal theory) shall not exceed USD $100 or the amount you have paid to us in the past 12 months for use of the Site or our services, whichever is greater. (In many cases, users pay us nothing to use the Site, so this monetary cap represents a reasonable estimate of any potential liability.) This limitation will apply aggregate to all of your claims, not per incident. Some jurisdictions do not allow the limitation of liability for personal injury or for intentional misconduct or gross negligence, so to the extent required by law, we do not limit our liability for those issues. However, in any case, our liability will be limited to the fullest extent permitted by law.
Reliance and Third-Party Liability: You expressly agree that By Rybicki will not be liable for any claims or losses arising from your reliance on any information obtained from the Site or any linked third-party site . If you have a dispute with a third party (for example, a service provider you found through our Site), you release us from all claims, demands, and damages of every kind arising out of or in any way connected with such disputes.
Release: As a condition of access to the Site, you understand and agree that to the extent permitted under applicable law, you hereby release By Rybicki and its owners/employees from any and all liability or claims of any nature arising from or related to your use of the Site. If you are a California resident, you waive your rights under California Civil Code Section 1542 (which says a general release does not extend to claims a creditor does not know or suspect to exist in his favor) – meaning you agree to release unknown claims as well. (If you are not a California resident, similar principles of a comprehensive release apply.)
No Liability for Termination or Suspension: By Rybicki shall not be liable for any damages arising from our exercise of the right to suspend or terminate your access to the Site as provided under these Terms, or for any deletion of your data or content from our systems once your access is terminated.
Consumer Rights Notice: Some states do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. However, in such cases, our liability will be limited to the maximum extent permitted by law, and no warranties (if any are required by law) will extend beyond the minimum obligations mandated by law .
You agree to indemnify, defend, and hold harmless Matthew Rybicki PLLC (By Rybicki) and its officers, directors, members, employees, agents, and affiliates from and against any and all claims, demands, lawsuits, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees and court costs) that arise out of or relate to: (a) your use or misuse of the Site; (b) your breach of any provision of these Terms; (c) any allegation that any content or information you submit to us (for example, through a form) infringes or violates the rights of a third party; or (d) your violation of any law or regulation in connection with your activities on or related to the Site .
This means that if a third party (or government authority) makes a claim against us or takes legal action (such as a lawsuit or fine) because of something you did in violation of these Terms or the law, you will be responsible for all costs and damages we incur (including our legal fees and any settlement or judgment amount), to the fullest extent allowed by law. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense. You agree not to settle any such matter without our prior written consent. This indemnification obligation will survive any termination of these Terms and your use of the Site.
We reserve the right, in our sole discretion, to suspend or terminate your access to the Site (in whole or in part) at any time, for any reason or no reason, with or without notice . This includes the right to disable or deactivate any feature of the Site or block your IP address or email if we believe you have violated these Terms or if we decide to discontinue the Site or a portion of it. For example, if we determine that you have engaged in prohibited activities (see Section 3) or any behavior that is harmful to us or other users, we may terminate your permission to use the Site immediately.
Upon any termination of your access, whether initiated by you or us, the following will apply: (a) You must immediately cease all use of the Site and destroy any copies of site materials you may have (except to the extent you have a legal right to retain them, such as transaction records); (b) Your limited license to use our content (Section 4) will automatically end; (c) Any provisions of these Terms which by their nature should survive termination (such as disclaimers, limitations of liability, dispute resolution, and indemnification) will continue in effect. Termination of access is in addition to any other legal or equitable remedies available to us.
We also reserve the right to terminate the Site or discontinue any service entirely at any time. We shall not be liable to you or any third party for any termination of your access or for removing any of your submissions. If you wish to terminate this agreement, you may simply discontinue using the Site.
Governing Law: These Terms and any dispute or claim arising out of or relating to the Site or these Terms (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Arizona, USA, without regard to its conflict of law principles . You agree that the federal and state courts located in Maricopa County, Arizona shall have exclusive jurisdiction over any disputes not subject to the arbitration clause below, or any actions to enforce an arbitration award or seek injunctive relief as permitted herein. You further agree to submit to the personal jurisdiction of such courts for litigating such disputes, and waive any objections to jurisdiction or venue in those courts. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. (Please note that by providing services via this Site, we do not intend to subject ourselves to the laws or jurisdiction of any state, country, or territory other than Arizona and the United States.)
Arbitration Agreement: For any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site or our services (collectively “Disputes”), the parties agree to first attempt in good faith to resolve the issue informally. If we cannot resolve the Dispute informally, you and By Rybicki agree that all such Disputes shall be resolved through binding arbitration on an individual basis, rather than in court, except for the exceptions described below. By using this Site, you are agreeing to this arbitration agreement, which means you waive your right to a judge or jury trial and your right to participate in class actions, as explained below.
Opt-Out Right: You have the right to opt out of the arbitration agreement in this Section by sending written notice of your decision to opt out to our contact address listed in the Contact section below, within 30 days of first accepting these Terms. (If you do not send an opt-out notice, or if you continue to use the Site after this Terms effective date, you are deemed to have accepted this arbitration agreement.) Opting out of arbitration will not affect any other provision of these Terms.
Acknowledgment: YOU UNDERSTAND THAT, ABSENT THIS MANDATORY ARBITRATION PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. You knowingly and voluntarily waive those rights and agree to arbitrate any disputes as set forth above.
We may modify or update these Terms of Service from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We reserve the right to change these Terms at any time in our sole discretion. If we do so, we will post the updated Terms on this page and update the “Effective Date” at the top. Changes will become effective immediately upon posting unless otherwise stated. In the case of material changes, we may (but are not required to) provide additional notice, such as a banner on our Site or an email notification to subscribers, to inform you of the update. However, it is your responsibility as a user to review the Terms periodically for any changes .
By continuing to access or use the Site after updated Terms have been posted, you agree to be bound by the revised Terms . If you do not agree to any modification of these Terms, your sole remedy is to discontinue use of the Site. We encourage you to print or save a copy of these Terms for your records, and to check the effective date to determine if there have been recent changes since you last reviewed them.
Entire Agreement: These Terms (together with any other legal notices or policies referenced herein, such as our Privacy Policy) constitute the entire agreement between you and Matthew Rybicki PLLC (By Rybicki) regarding your use of the Site, and supersede any prior or contemporaneous agreements, understandings, or communications relating to the subject matter. Any additional or different terms in any order, correspondence or other communication from you are void unless agreed to in writing by an authorized representative of By Rybicki.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, that provision shall be deemed severed from these Terms and the remaining provisions shall continue in full force and effect . The invalid provision will be deemed modified so as to be enforceable to the maximum extent permitted by law, consistent with the original intent (or if not possible, it will be severed), and the remaining provisions will remain in effect.
No Waiver: Our failure to enforce any right or provision of these Terms shall not operate as a waiver of that right or provision in that instance or any other instance. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of By Rybicki. Similarly, one party’s performance of an obligation despite the other party’s breach shall not be interpreted as a waiver of any subsequent breach or of the requirement to fully comply with these Terms moving forward .
Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms (for example, in the event of a merger, acquisition, or sale of assets, or by operation of law) without notice or consent. These Terms will inure to the benefit of and be binding upon each party’s successors and permitted assigns.
No Third-Party Beneficiaries: These Terms are for the benefit of you and us. Except as expressly provided in these Terms, no third party has any rights to enforce any term of this agreement. (One exception: our affiliates, officers, and employees are intended third-party beneficiaries of the disclaimers and limitations of liability, as they can invoke those provisions to the same extent as the Company.)
Headings and Interpretation: Section headings in these Terms are for convenience only and have no legal or contractual effect. Words like “including” shall be interpreted to mean “including without limitation.” These Terms have been written in plain language, and no presumption or burden of proof shall arise favoring or disfavoring either party by virtue of who drafted these Terms.
Relationship: You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Site. You are using the Site as an independent party and nothing in these Terms shall be construed to make you an employee, agent, or representative of By Rybicki.
Compliance with Laws: You agree to comply with all applicable laws and regulations when using the Site. This includes U.S. export control and sanction laws; you confirm that you are not located in a country subject to U.S. embargo (like Cuba, Iran, North Korea, Syria, or the Crimea region) and are not on any U.S. government list of prohibited or restricted parties . If any law or regulation (for example, consumer protection or privacy law) grants you rights that conflict with any term herein, your rights under that law will prevail to the extent of the conflict.
Electronic Contracting: Your agreement to these Terms is concluded electronically. The records of your agreement (via use of the Site) will be maintained in electronic form. You consent to receive communications from us electronically (as noted in Section 5 above) and agree that all terms, conditions, agreements, notices or other communications we provide electronically satisfy any legal requirement that such communications be in writing .
If you have any questions, concerns, or comments about these Terms of Service or need to contact us for any reason, please feel free to reach out:
You may also contact us through any contact form on the Site or by mail at the address above. We will do our best to respond to inquiries promptly. If you need to send us any formal legal notices or service of process, please send them to the business address listed above (to the attention of Matthew Rybicki, PLLC).
Thank you for taking the time to read our Terms of Service. We value your trust and look forward to assisting you with your real estate needs. By using our Site, you acknowledge that you have read and agree to these Terms.