DataQuick

Terms of Use

Effective February 20, 2007

Introduction

Welcome to the DataQuick online. This website is owned and operated by DataQuick Information Systems, Inc. (“DataQuick”). Please read these terms of use carefully before accessing any part of these Sites.

The following terms and conditions govern the use of each of the websites located at, or linked to (but only if such linked URL is owned and operated by DataQuick), the URLs www.dataquick.com, www.mindbox.com, http://avm.dataquick.com/default.aspx?&ProductID=HVE, http://avmfinder.dataquick.com/, http://marketintelligence.dataquick.com/, http://ww3.dataquick.com/, http://dqpropertyfinder.com/, http://pftops.com/, http://prospectfinder.dataquick.com/, http://prospectfinderfarm.dataquick.com/, http://gotitleshare.dataquick.com/, http://validation.dataquick.com/Login.aspx?ReturnUrl=%2fDefault.aspx, https://www2.valuewizard.com/, http://xmlservices.dataquick.com/, http://dq.listkey.com/index1.cfm and http://webams2.dataquick.com/ (collectively, the “Sites”) and any additions thereto. Your access to, and use of these Sites, including the materials and information accessible on and from these Sites, constitutes your agreement with and acknowledgment of these terms of use (“Terms of Use”) including the Privacy Policy, as may be amended from time to time by DataQuick without notice. If you do not agree with these Terms of Use, do not access or otherwise use these Sites.

License and Site Access

DataQuick grants you a limited license to access and make use of these Sites. This license does not include the right for you to modify, resell, or make derivative works of any information on these Sites. No portion of these Sites may be reproduced, duplicated or copied without the express written consent of DataQuick. You many not utilize any framing techniques to enclose any information, graphics, trademarks etc. on these Sites without DataQuick’s express written consent.

If you use these Sites, and choose to license the access to certain data, software or products offered on these Sites under a separate agreement, you are responsible for maintaining the confidentiality of your account and your password. You are also responsible for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

DataQuick does not sell products for children. If you are under 18, you may use these Sites only with involvement of a parent or guardian. DataQuick reserves the right to refuse service, terminate accounts, or cancel orders placed on these Sites in its sole discretion.

No Warranties or Representations

These Sites is intended to be for general reference and informational purposes only and it may contain inaccurate, incomplete or out-of-date information. Your use of these Sites is at your own risk and DataQuick does not warrant or make any representations of any kind with respect to the materials and information contained on these Sites. DataQuick makes no warranty that the Sites will meet your requirements or be available in an uninterrupted, timely secure or error-free basis. Your sole and exclusive remedy for issues relating to the use of, or the material on, these Sites shall be to discontinue accessing these Sites and discontinue use of the information or material obtained.

THESE SITES AND ALL CONTENT, MATERIALS, INFORMATION, DATA, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DATAQUICK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLED, INCLUSING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

ANY CONTENT, MATERIALS, INFORMATION, DATA, SOFTWARE OR PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK. DATAQUICK SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, DATA, SOFTWARE OR PRODUCTS.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE DATAQUICK, ITS PARENT COMPANY, ANY SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF DATAQUICK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, IN CONNECTION WITH OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) THESE SITES OR THE USE OF ANY MATERIAL OR INFORMATION CONTAINED ON OR ACCESSED THROUGH THESE SITES.

Use of Data or Software

Any use of data, software or products and accompanying documentation you download from the Sites is subject to the terms of a separate license agreement between you and DataQuick. You must read the license agreement and indicate your agreement to its terms prior to installing or using the data or software. All rights, title and interest not expressly granted are reserved.

Privacy Policy Statements

DataQuick recognizes and respects the privacy of users of these Sites. Any information that DataQuick may collect from you during your use of these Sites is subject to DataQuick’s Privacy Policy (the "Privacy Policy").

In addition, these Sites may contain links to other sites and/or information provided by third parties and DataQuick is not responsible for the privacy practices or content of any site not owned or operated by DataQuick.

Forward-Looking Statements

These Sites may include forward-looking statements and information, which reflect the current view of DataQuick with respect to future events and financial performance. Forward-looking statements generally can be identified by the use of forward-looking terminology such as “may”, “will”, “expect”, “intend”, “anticipate”, “plan”, “foresee”, “believe” or “continue” or the negatives of such terms or variations of them or similar terminology. Any such forward-looking statements are based on DataQuick's current expectations, estimates, projections and assumptions made in light of its experience and its perception of historical trends. Any such forward-looking statements are subject to risks and uncertainties and DataQuick’s actual results of operations could differ materially from historical results or current expectations.

DataQuick cautions readers that should certain risks or uncertainties materialize, or should underlying assumptions prove incorrect, actual results may vary significantly from those expected. The risks that could cause actual results to differ from current expectations include inherent risks in the market, including general economic, regulations and competitor changes; changes in government priorities, funding levels, contracts and regulations; susceptibility of customers in property transaction-related industries; failure of third parties and subcontractors; failure to recruit required management and employees; detrimental reliance on third parties for information; risks of performance on firm fixed price contracts; potential for product liability, failure of Company’s reputation; satellite failure; failure of counterparties in financial arrangements; failure to anticipate changes in technology, technical standards and product offerings or comply with the requisite standards; exposure to infringement; inadequate protection of intellectual property rights; failure of acquisitions, including successful integration to achieve anticipated revenues and income growth; uncertainty in the future financial condition and the impact of currency exchange rates and interest rates; failure of systems to meet performance requirements; changes in political conditions; dependency on electronic delivery systems, including data corruption and interruption; inability to effect technology transfer; changes to legislation relating to consumer privacy; failure to maintain business alliances; wrongful call; and insufficient indemnity against material claims or losses.

The forward-looking statements and information contained on these Sites represent DataQuick’s views as at the date thereof and are subject to change after such date. DataQuick disclaims any intention or obligation to update or review any forward-looking statements, whether as a result of new information, future events or otherwise, other than as required by law, rule or regulation. You should not place undue reliance on forward-looking statements.

No Tax, Investment or Legal Advice

The information presented on these Sites is not intended to offer specific tax, investment or legal advice of any kind. This material and information is not intended to replace the services of a trained tax, investment and/or legal professional, or to provide tax, investment and/or legal advice, or to be a substitute for investment, tax, and/or legal advice.

YOU ARE EXPRESSLY ADVISED TO CONSULT WITH YOUR OWN TAX, INVESTMENT AND/OR LEGAL PROFESSIONALS OR ADVISORS BEFORE MAKING ANY PURCHASE OR INVESTMENT DECISIONS. BY USING THESE SITES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON ANY INFORMATION OR MATERIAL PRESENTED ON THESE SITES TO MAKE ANY INVESTMENT DECISION.

Links to Other Sites

DataQuick may provide links to other sites maintained by third parties. DataQuick has not reviewed or endorsed these linked sites, and you hereby acknowledge and agree that DataQuick shall not be responsible for the content, products or services offered in such sites. To the greatest extent possible, you are responsible for compliance with all local laws regarding material or information obtained from these Sites or linked sites. If you decide to access or use any of the third party sites linked to these Sites, you do so entirely at your own risk.

Intellectual Property

Any materials and information available on these Sites, including, without limitation, all design, text, images, software, photographs, press releases and other information, are protected under United States, Canada and other copyright laws and are owned by DataQuick and/or used under license from the copyright owner.

Except for information licensed under a separate license agreement available on these Sites – which shall be governed by such separate license agreement, the materials and information may not, except if granted in writing from a duly authorized representative of DataQuick, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without DataQuick’s prior written consent, except to the extent that such use is authorized under the United States, Canada and other relevant copyright laws. DataQuick’s trademarks, logos, images, and service marks used on these Sites are the property of DataQuick and/or used under license from the owner and may not be used without the prior written consent of a duly authorized representative of DataQuick and/or the owner and without proper acknowledgment.

No Employment Guarantee

With respect to any career opportunities that may be posted on these Sites from time to time, DataQuick makes no guarantee that you will achieve job placement.

Equal Employment Opportunity Commission Statement

DataQuick does not discriminate any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, political affiliation, veteran and/or status with regard to public assistance. DataQuick makes all employment decisions in accordance with applicable federal, state and local laws.

Governing Law

Any claims relating to, in connection with or arising from any use or access of these Sites shall be governed by the laws of the State of California, without reference to any choice of law provisions, except as relating to copyright and trademark matters which shall be governed by the laws of the United States and any applicable international treaties and/or conventions.

These Sites is controlled by or on behalf of DataQuick within the United States of America and DataQuick makes no representation that the material and information on these Sites are appropriate or available for use in other locations, and access to them from territories where such material and information is illegal is prohibited. Those who choose to access these Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Updates and Revisions to these Terms of Use and these Sites

DataQuick reserves the right at any time to modify or discontinue, temporarily or permanently, these Sites (or any part thereof) with or without notice to you. You agree that DataQuick shall not be liable to you or to any third party for any modification, suspension or discontinuance of these Sites. In addition, DataQuick may update and/or revise these Terms of Use at any time, and from time to time, with or without notice to you, and you agree to be bound by such updates, modifications and/or revisions. Updates and revisions will be incorporated from time to time into these Terms of Use, and you are responsible and agree to review these Terms of Use from time to time to ensure compliance if you continue to use these Sites after such Terms of Use have been updated.

Severability

If any one or more of the terms or provisions of these Terms of Use is deemed unlawful, void or for any reason unenforceable by any court in any jurisdiction, then any such term(s) or provision(s) shall be deemed severable from the remaining terms or provisions in such jurisdiction and will not affect the validity and enforceability of such remaining terms or provisions.

Termination of Use

You agree that DataQuick may, in its sole discretion terminate your access to the Sites at any time. Access to the Sites maybe be monitored by DataQuick.

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