LocatePLUS Enhancing your Intelligence Services
July 24, 2008
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arrowTerms and Conditions
1. Service
LocatePLUS provides nationwide public record information and related ("Services") using its proprietary databases and information obtained from third parties ("Third Parties"). This information is delivered through LocatePLUS™ via the Internet. User hereby subscribes to Services for use as a factor in making business decisions and agrees to pay LocatePLUS the applicable rates and charges set forth in Paragraph 3 below.

2. Performance
LocatePLUS will use its best efforts to deliver Services requested by User in an expeditious and efficient manner and to regularly access, update, augment, and maintain its compilation of information gathered from selected public records and other sources used in the provision of Services thereunder. User accepts all information AS IS.

3. Charges to User
For each response to a request for information, including "no record found", User agrees to pay LocatePLUS the applicable charge then prevailing for Services rendered to User. LocatePLUS reserves the right to discount "no record found" responses. User shall pay to LocatePLUS prices as updated from time to time through on-line announcements, bulletins, and published price schedules. All current and future LocatePLUS pricing documents are deemed incorporated herein.

4. User Limitation of Use
User acknowledges that LocatePLUS and/or Third Parties retain all right, title and interest under applicable copyright and related laws in the databases and materials contained therein used to provide Services thereunder, and User shall use such materials consistent with such right, title and interest and notify LocatePLUS of any threatened or actual infringement thereof. User further acknowledges that this Agreement grants user a limited license in exchange for payment of fees and charges set forth in Paragraph 3 hereof and user shall not reproduce, retransmit, publish or otherwise transfer for commercial exploitation any information that User receives from Services. Upon approval of intended use(s) by LocatePLUS, User agrees to limit use and redissemination of information from Services solely to use(s) set forth under Industry Type(s) on the reverse hereof. User shall at no times represent that it is an authorized agent or representative of LocatePLUS or any Third Party unless such written agreement has been established.

5. Negation of Liability/Warranty
Neither LocatePLUS nor third parties shall be liable to user or to any person claiming through user or to whom user may have provided service-related data for any loss or injury arising out of or caused in whole or in part by LocatePLUS or third parties negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering services or in otherwise performance of this agreement. LocatePLUS and/or third parties do not guarantee or warrant the correctness, completeness, currency, merchantability, or fitness for a particular purpose of the services or the components thereof.

6. Agreement Entirety
This agreement sets forth the entire understanding and Agreement between LocatePLUS and User. By receipt of Services, User agrees to, and shall comply with, such different and /or additional terms of third parties and such changes in this Agreement as LocatePLUS shall make from time to time by notice to User. This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Massachusetts. Violation by user of state or federal laws, or LocatePLUS's or Third Parties' established policies and procedures may result in immediate termination of this Agreement in LocatePLUS's sole discretion.

7. Payment of Fees
User shall be responsible for payment for all services obtained through User's access identification code. Payment by subscriber is due and payable upon invoice. If payments are past due more then ten (10) days from the date of invoice, LocatePLUS may interrupt service. If payments are past due more than 25 days, LocatePLUS may terminate this Agreement. User is responsible for all collection costs and attorney fees incurred by LocatePLUS through its efforts to collect on balance(s) owed by User.

8. Compliance with Laws
User shall not use Service in violation of any federal, state, or local laws, including the Fair Credit Reporting Act (15 U.S.C.A. 1681 et. seq.) "FCRA". User certifies that it will not use any information obtained through Service as a factor in establishing a consumer's eligibility for credit granting, monitoring, account review, insurance underwriting, employment, or any other purpose addressed in the FCRA.

Indemnification
User hereby agrees to protect, indemnify, defend, and hold harmless LocatePLUS and all Third Parties from and against any and all costs, claims, demands, losses, and liabilities (including actual attorneys' fees) arising from or in any way related to use of information by User (or any third party receiving such information from or through User) furnished by or through LocatePLUS to the extent such costs, claims, demands, damages, losses, or liabilities (including attorneys fees) do not result from the improper acts or omissions of LocatePLUS or Third Parties. Provisions hereof related to release of claims, indemnification, use of information, and data, payment for Services and disclaimer of warranties shall survive any termination of this Agreement.