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Subscription Service Agreement

The following is the terms of the subscription service provided by Default Research, Inc ( "Service Provider") to you, ("Customer"):

I. LIMITED LICENSE:

A) The mortgage foreclosure and/ or comparable property information provided by Service Provider to Customer is limited to the use of Customer personally as a single user.

B) As a subscriber you are granted a limited, nonexclusive, nonassignable and nontransferable license to use the mortgage foreclosure information provided by Service Provider. You may use the information provided for your personal use or the use of your single company or entity. No other copying, reproduction, or redistribution is permitted under this license. Service Provider reserves the right to include test data in the information provided to Customer.

II. DISCLAIMERS OF WARRANTIES AND LIABILITIES:

You acknowledge that:

A) Service Provider is not responsible for:
1. The content, quality, integrity, performance or any other aspect of the information provided, or transmitted by this service;
2. Errors or problems related to transmission of data;
3. Any damages, consequential or incidental, arising out of the use of this service.

B) Service Provider and its suppliers make no warranties of any kind, expressed or implied, in connection with this service. We make no warranties of nonenfringment, accuracy or completeness or any other warranties concerning any information provided to Customer. This service is provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with you, the Customer. There is no warranty that any information or our efforts meets any standards of merchantability or will fulfill any of particular purposes or needs even if we have been notified or your purposes or needs.

C) Service Provider makes no warranty of ability to deliver timely or accurate services.

III. INDEMNIFICATION:

In addition to indemnification or liability provisions in other sections of this Agreement, Customer hereby agrees to indemnify, defend and hold harmless Service Provider, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses including attorney's fees and costs, of any nature whatsoever incurred or suffered by Customer, insofar as such losses arise out of, are related to or are based on or reasonably related to the breach of any representation, warranty, obligation or covenant agreed to by you in this Agreement. This clause shall also be effective against your heirs, assigns, or representatives.

IV. CONSIDERATION:

A. In exchange for Service Provider's information on mortgage foreclosures and/or comparable property information, which will be provided to Customer via electronic mail, Service Provider will charge Customer according to the rate schedule available on this web site. Said charge shall recur according to the rate schedule: (monthly - 30 days, quarterly - 90 days, semi-annual - 180 days, yearly - 365 days) from the purchase date until Customer notifies Service Provider in writing that Customer wishes to terminate this Subscription Service Agreement. Said notice must be received by Service Provider at least 5 days prior to the beginning of the next billing cycle in order for Customer to avoid charges for that billing cycle. Cancellations must be sent via traceable courier with Signature delivery. Any other method of cancellation is at the own risk of the Customer. A cancellation of our service is not confirmed until the customer receives a cancellation confirmation from the Service Provider, which will be provided no later than 2 business days after submitting the cancellation request.

B. All sales, including recurring charges are final. The Service Provider has a no refund policy, this includes recurring charges.

C. Credit Card charge backs are considered as an attempt to defraud The Service Provider. Service Provider will attempt to collect any unpaid balances due to credit card charge backs by referring the unpaid balance to a third party collection agency. A credit card charge back fee of $30 will be assessed along with a $300 collection agency fee. Service Provider also reserves the right to pursue other legal action to collect any unpaid balances.

V. CONSTRUCTION OF THIS AGREEMENT:

A) The terms and conditions included or incorporated by reference in this Agreement constitute the entire Agreement between the parties on the subjects covered by this Agreement.

B) This Agreement shall construed as a whole and not in favor of either party. For example, no provision shall be construed against the party responsible for the language of the provision. Each provision shall be given its fair meaning. The paragraph headings have been added for convenience and shall not be used to interpret the Agreement.

C) If any part of this Agreement is determined to be invalid or unenforceable, including but not limited to, the warranty disclaimer and liability limitations, the remainder of the Agreement shall continue in effect and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

D) This Agreement shall be governed by the laws of the United States and the State of Pennsylvania and the parties expressly agree to waive any choice of law rules which would result in the application of any other law to the construction or validity of this Agreement.

E) The parties agree to jurisdiction and venue exclusively in State Court in Westmoreland County, Pennsylvania for any litigation arising out of or relating to this Agreement. In actions related to this Agreement where Federal Courts have jurisdiction, the parties agree to jurisdiction and venue exclusively in the Federal Courts in the Western District of Pennsylvania.

VI. ACKNOWLEDGEMENT:

Customer acknowledges that Customer has read this Agreement and voluntarily agrees to all of its terms and conditions, without modification. Customer has independently evaluated the desirability of entering into this Agreement and is not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

 
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