LISTSPLUS.net, Southern California's Premier Pre-Foreclosure Listing Service

LISTSPLUS.NET END USER AGREEMENT

By accepting the terms below the End User (“SUBSCRIBER”) of ListsPlus.net, hereby executes this Confidentiality and Use Agreement (this "Agreement").

1.	Confidentiality:  Subscriber acknowledges valuable rights in and to the compilations of the Licensed Data Reports and the underlying data that those compilations contain, including copyrights and other proprietary rights therein, the related data sources, database structure, processing software, production systems, documentation, and quality control methods as well as the any other information provided to SUBSCRIBER (collectively, “Confidential Information”). SUBSCRIBER agrees to hold in confidence the Confidential Information, in whole or in part, except in connection with those uses that are consistent with the license granted herein and as disclosed to Client’s employees, officers, directors or agents who require such disclosure in the performance of their responsibilities provided that such parties shall acknowledge the confidentiality restrictions contained herein.  SUBSCRIBER further agrees that it will not disclose or otherwise make available to third parties the Confidential Information.  The above restrictions shall not apply to information that is (a) generally available to the public or any relevant trade group, (b) independently developed by SUBSCRIBER or obtained by SUBSCRIBER from a third party who, to SUBSCRIBER’S best knowledge, after due inquiry is not in violation of any duty of confidentiality by the disclosure thereof, (c) approved for release by the prior written authorization, or (d) required to be disclosed by law, regulations, or legal process by a court or government agency (but only with respect to the portion of the Confidential Information that is required to be disclosed); provided that prior to any such release, SUBSCRIBER shall give prompt notice thereof, and in no event less than seven business days prior notice of such release, unless such notice is expressly precluded by applicable law or governmental order.

2.	Disclosure:	Except as explicitly provided, SUBSCRIBER may not copy, disclose, commingle or archive the Licensed Data Reports or Data or other Confidential Information.  Further, without  prior written consent, SUBSCRIBER will not

(a)	Disclose any portion of the Licensed Data Reports or other Confidential Information in any manner;
(b)	Make any copies of the Licensed Data Reports or any other Confidential Information in any form except for those copies needed to produce  products; or
(c)	Transfer the Licensed Data Reports or any other Confidential Information to any other party; or
(d)	Market the Licensed Data Reports directly or indirectly to any member of the legal industry.

3.	Trademarks: Neither party will use, or permit their respective employees, agents, and subcontractors to use, the trademarks, service marks, logos, names, or any other proprietary designations of the other party, or the other party’s affiliates, whether registered or unregistered, without such other party’s prior written consent.

4.	Warranties and Indemnification

4.1	ListsPlus.net has the right to license the information in the Licensed Data Report on an “AS IS”, “AS AVAILABLE” basis and does not guarantee the accuracy or reliability of such information. ListsPlus.net will use reasonable care in providing the service under this agreement.  Except for periods of shut-down caused by communication, equipment, system, power failure, database updates or other causes beyond the reasonable control of ListsPlus.net, the computer system will be operational 24 hours a day, 7 days a week. SUCH WARRANTY IS THE ONLY WARRANTY LISTSPLUS.NET HAS GIVEN SUBSCRIBER WITH RESPECT TO THE LICENSED DATA REPORT, AND SUCH WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LISTSPLUS.NET OR ANY OF ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES TO SUBSCRIBER IN THIS SECTION 4.1.

4.2	Limitation of Liability:  NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL LISTSPLUS.NET AND ITS VENDORS  HAVE ANY OBLIGATION OR LIABILITY TO SUBSCRIBER FOR ANY CLAIM, INJURY, OR DAMAGE RELATING TO, ARISING OUT OF, OR RESULTING FROM THE INACCURACY OF THE INFORMATION USED TO COMPILE THE LICENSED DATA REPORT.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL EITHER PARTY HAVE ANY OBLIGATION OR LIABILITY TO THE OTHER HEREUNDER FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCURRED BY THE OTHER PARTY, REGARDLESS OF HOW SUCH DAMAGES ARISE AND OF WHETHER OR NOT A PARTY WAS ADVISED SUCH DAMAGES MIGHT ARISE.  SUBSCRIBER’S EXCLUSIVE REMEDY REGARDING DEFECTS IN LICENSED DATA REPORT SHALL BE TO HAVE LISTSPLUS.NET CORRECT SUCH DEFECT AND PROVIDE SUCH CORRECTED REPORTS TO SUBSCRIBER TO THE EXTENT THAT THE DEFECT IS CORRECTABLE.

4.3  	If the limitation of liability set forth in section 4.2 or elsewhere in this Agreement are held to be unenforceable, the liability of Listsplus.net, any company affiliated with Listsplus.net, and any officer, director, employee, agent, subcontractor, successor or assign of Listsplus.net or any such company, to SUBSCRIBER for damages or alleged damages, whether in contract (including breach of warranty), tort (including strict liability and negligence), intellectual property infringement or otherwise, with respect to the Licensed Data Report or otherwise related to this Agreement shall not exceed the amount received by ListsPlus.net from SUBSCRIBER during the three months preceding the acts giving rise to the damages.

5.	Enforcement and Survival.	SUBSCRIBER acknowledges that (a) the remedy at law for any breach by it of this Agreement shall be inadequate and shall be entitled to injunctive relief and (b) its obligations under this Agreement shall survive the termination.

IN WITNESS WHEREOF, SUBSCRIBER has caused this Agreement to be executed by selecting I Accept below.