NOTICE TO ALL USERS:  CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT 
Terms of Use and End Users License Agreement

The following software and subscription services are being provided to you by EquiMine, Inc. (“EquiMine”) .  As such, by agreeing to access such software and services, the end user (“Client”) hereby agrees to abide by the terms and conditions outlined below vis a vis Client and EquiMine in addition to any terms and conditions agreed to by and between Company and Client pursuant to a previously entered into Student Purchase Agreement (“Agreement”). 

By subscribing to EQUIMINE you become a CLIENT of EQUIMINE. EQUIMINE offers services to you, the CLIENT, conditioned on your agreement to adhere to the following Terms of Use without modification or reservation of any kind.

CLIENT's agreement with EQUIMINE and/or use of EQUIMINE's services constitutes CLIENT's unconditional acceptance to these Terms of Use. These Terms of Use are subject to change by EQUIMINE, in its sole discretion, at any time, without prior notice by posting upon its web site.

Based upon the CLIENT's agreement to adhere to, and fully comply with, these Terms of Use, EQUIMINE grants and conveys to the CLIENT, during the term of CLIENT's valid subscription,  a non-exclusive, non-transferable license to use the data, information and services provided through the EQUIMINE website subject to the License Restrictions set forth hereafter.



License Restrictions
CLIENT represents, warrants, affirms and agrees that the data, information and services provided by EQUIMINE to CLIENT will only be used by CLIENT and that CLIENT will not permit or allow the data, information and services to be used by an agent, representative, consultant, officer, director, shareholder, parent organization, subsidiary organization, third party or any other person or entity unless CLIENT has the appropriate subscription allowing such expanded use. CLIENT further represents, warrants, affirms and agrees that CLIENT will not transfer, sell, convey, use, resell or sublicense any data, information or services provided by EQUIMINE to CLIENT in any medium, form, manner or format whatsoever, for any purpose including, but not limited to the following:

1. Use other than CLIENT's own personal use, i.e. no commercial purpose or use is permitted;
2. Reproduction, reformatting, publication, distribution or dissemination associated with any service or product provided or made available to any third party;
3. Marketing or telemarketing uses;
4. World Wide Web, Internet or online uses;
5. Real estate valuation models, programs or systems;
6. Inclusion or in combination with any other service or product of any kind;
7. Extracting, selecting or drawing out any data element for any use;
8. Real estate appraisal;
9. Credit evaluation and/or supporting;
10. Evaluating risk, marketing sale of insurance products of any kind, including but not limited to life, health, long-term care, disability, casualty, umbrella, mortgage, title or property;
11. Debt collection; and
12. Marketing or sale of legal goods and/or services of any kind, including but not limited to bankruptcy or real estate title/lien history unless CLIENT has the appropriate subscription allowing such expanded use.



Proprietary Rights
CLIENT represents, warrants, affirms and agrees that the data, information, services and EQUIMINE name are proprietary information and property of EQUIMINE, its suppliers and/or affiliates and are protected by copyright, trademark, trade name and other proprietary rights. CLIENT's license only allows CLIENT to use the data, information and services subject to the express limitations and restrictions provided for in these Terms of Use during the term of CLIENT's valid subscription.



Consequences of Non-Compliance with Terms of Use
At any time that EQUIMINE believes, in its sole discretion, that CLIENT has violated any term, condition, restriction, permitted use or limitation provided in these Terms of Use, EQUIMINE may immediately terminate CLIENT's license and CLIENT's sole remedy shall be to receive a pro-rata refund of the monthly subscription/license fee paid by CLIENT for the remaining days of the then current month of prepaid fees.



Terms of Subscription
The term of CLIENT's subscription is one month, but automatically renews month-to-month unless terminated by CLIENT or EQUIMINE.



Termination
EQUIMINE reserves the right to cancel subscription services and this license to any CLIENT at any time for any, or no reason whatsoever, without recourse to CLIENT beyond a pro-rata refund of the monthly subscription/license fee paid by CLIENT for the remaining days of the then current month of prepaid fees.

The CLIENT may cancel the CLIENT's subscriptions at any time. All fees due to EQUIMINE up to the end of the then current monthly billing cycle at time of termination shall remain payable to EQUIMINE.

The CLIENT may terminate contract any one of three ways:
1. By e-mailing a cancellation request to support@EQUIMINE.com at least five (5) days prior to the desired cancellation date and providing CLIENTS account number.
2. By faxing a cancellation request to 877-204-9040 at least five (5) days prior to the desired cancellation date.
3. By mailing a cancellation request at least ten (10) days prior to the desired cancellation date to: EQUIMINE  ATTN: Cancellations  25531 Commercentre Dr., Ste 250, Lake Forest, CA 92630



Survival of Terms
The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or CLIENT's subscription.



CLIENT Services
EQUIMINE allows CLIENTs to submit requests for real estate record information obtained from  independent third-party real estate and other related service providers. CLIENTs agree to supply EQUIMINE with information about themselves and the property they want to inquire about. EQUIMINE will use this information to provide certain details to CLIENT concerning and in response to CLIENT's request for information.

CLIENT affirms that all of the information CLIENT provides to EQUIMINE, whether online or otherwise, is accurate and complete. CLIENT also agrees to update EQUIMINE with current and accurate information, if at any time the information CLIENT provided to EQUIMINE changes, EQUIMINE reserves its right to terminate or suspend access to EQUIMINE services to any CLIENT whose information EQUIMINE believes, at EQUIMINE's sole discretion, to be inaccurate or misleading.

EQUIMINE may from time to time offer eligible CLIENTs promotional opportunities. Not all CLIENTs may be eligible to receive all promotional opportunities..
CLIENT search volume is monitored to avoid abuse, data duplication or “data mining”. CLIENTS who reach or exceed monthly limit of 100 (one hundred) saved properties may be terminated or contacted on a case-by-case basis to upgrade to a larger subscription package.Any such actions are a violation of this agreement and may, at EQUIMINE'S sole discretion, result in immediate cancellation of CLIENT'S account.



OTHER SERVICE PROVIDERS- NON LIABILITY OF EQUIMINE, INC.
From time to time EQUIMINE may include on its websites, software, or service,  third-party Service Providers. EQUIMINE  posts these services as a service to its CLIENTs. EQUIMINE is not responsible for and makes no warranty or representation as to the quality or performance of the services offered by or through these other Service Providers. It is the CLIENT's responsibility, and EQUIMINE encourages this for all CLIENTs, to independently investigate the qualifications of each Service Provider and to carefully review each Service Provider offer prior to entering into any engagement or transaction.

EQUIMINE is not responsible or liable for any acts or omissions created or performed by these other Service Providers. EQUIMINE's websites, software, or service, may contain links to websites maintained by third-party Service Providers. Such links are provided for CLIENT convenience and reference only.

EQUIMINE  does not operate or control, in any respect, any information, software, products or services available on such websites. EQUIMINE 's inclusion of a link to such websites does not imply any endorsement, warranty, guarantee or recommendation of these websites, contents, products or services of the sponsoring organization.



Third-Party Content and Screening
EQUIMINE is a data aggregator of content supplied by third parties and CLIENTs and as such does not have editorial control over the statements, or other content provided, expressed or implied by third parties.  EQUIMINE reserves the right, but is not obligated, to screen and review any content provided to EQUIMINE and remove or edit any content, if it does not comply with laws, rules or regulations, or for any other reason EQUIMINE deems relevant.



Modification Of EQUIMINE Services
EQUIMINE reserves the right to modify or discontinue any service, portion or attribute thereof, and the offering of any information with or without notice to any CLIENT. EQUIMINE  is not liable to any CLIENT in the event that  EQUIMINE  exercises its right to modify or discontinue any service.



PAYMENT OF CHARGES
A.  EQUIMINE currently charges a monthly subscription  fee. The monthly subscription fee is calculated from the day of the month that the CLIENT's paid Subscription commences. The CLIENT authorizes EQUIMINE  to, and the CLIENT agrees that EQUIMINE  may, charge to the CLIENT's credit card, debit card or bank account, in advance, the CLIENT's regular monthly Subscription fee for each month of the CLIENT's regular monthly Subscription on a recurring basis. The CLIENT authorizes EQUIMINE to, and the CLIENT agrees that EQUIMINE  may, modify and/or change the monthly Subscription fee charged to the CLIENT upon thirty (30) days notice to the CLIENT sent by e-mail to CLIENTS email of record on file with EQUIMINE  The monthly Subscription fee is non-refundable and accrues until canceled whether or not the CLIENT accesses the databases.

B. On Time Payment
The CLIENT is required to pay all charges on time and agrees to submit an accompanying payment authorization in connection with these charges when requested by EQUIMINE  Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. EQUIMINE may terminate or disable the CLIENT's participation in EQUIMINE services if the CLIENT fails to pay fully and in a timely manner any and all amounts due to EQUIMINE . If the CLIENT's credit card expires or is otherwise declined for payment, access to EQUIMINE services and websites can be modified or suspended without notice to the CLIENT. EquiMine may, if necessary, extend the expiration of your credit card in order to assure continued service.  If any CLIENT payment is more than thirty (30) calendar days past due, a monthly late fee in the amount of   1.5% of the past due amount or the maximum allowable by law, whichever is less, shall accrue per month, and the entire amount of unpaid charges and/or any other outstanding balance (if any), plus this assessment, will become immediately due and payable. The CLIENT shall pay all costs of collection, including legal fees, incurred by EQUIMINE. The CLIENT is responsible for any premium charges incurred in connection with the use of information, content, goods, products or services that are provided at an extra cost. All fees are quoted and payable in United States Dollars. The CLIENT is also responsible for paying all applicable taxes for information, content, goods, products or services and any other costs incurred in connection with the use of or access to EQUIMINE and EQUIMINE's services.

C. Payment Methods
The CLIENT's complete billing address and telephone number must be provided to process payments. EQUIMINE accepts major credit cards including Visa, MasterCard, Discover, and American Express and may accept bank drafts, including personal checks, money orders, cashier's checks, and company checks sent by mail. EQUIMINE may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.

D. Account Discrepancies
A CLIENT may contact EQUIMINE Customer Service by e-mail at support@EQUIMINE.com or telephone at 877-204-9040 concerning charges or other questions regarding the status of the CLIENT's Account. However, if the CLIENT's account questions are not satisfactorily resolved within fifteen (15) business days of CLIENT's calling or sending an e-mail, and in no event later than ninety (90) days after a questionable account billing or other discrepancy should have been discovered, the CLIENT must write to the Customer Service Department, EQUIMINE, Inc. 25531 Commercentre Dr., Ste 250, Lake Forest, CA 92630, delivered by United States mail or by fax to 877-204-9040. Otherwise, any and all such CLIENT complaints are irrevocably waived.



DISCLAIMERS AND LIMITATIONS
EQUIMINE attempts to ensure that the information contained in its service is accurate and reliable; however, errors sometimes occur. EQUIMINE does not guarantee the accuracy of the information contained in this service and instructs you to independently verify the accuracy of the information provided. In addition, EQUIMINE may make changes and improvements to the information provided herein at any time. THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED "AS IS."EQUIMINE, INC. , ITS SUPPLIERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCT, GOOD AND/OR SERVICE PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BY THE CLIENT'S USE OF EQUIMINE, INC. 'S EQUIMINE SERVICE, THE CLIENT AGREES AND ACKNOWLEDGES THAT THE CLIENT'S USE OF ALL EQUIMINE INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH  EQUIMINE, INC.  AND/OR ITS WEBSITES IS AT THE CLIENT'S OWN RISK. EQUIMINE, INC. AND/OR ITS SUPPLIERS AND PROVIDERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF EQUIMINE, INC.'S  SERVICE OR WITH THE DELAY OR INABILITY TO USE ITS WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT THE CLIENT KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE CLIENT, IF THE CLIENT RESIDES IN SUCH A JURISDICTION.

 
INDEMNITY
As a condition precedent to the use of the EQUIMINE service and/or websites of EQUIMINE , the CLIENT agrees to defend and indemnify EQUIMINE, Inc.  and its employees, agents and/or  Service Providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from CLIENT's use of EQUIMINE 's  EQUIMINE service, including without limitation, any claims alleging facts, that if true, would constitute a breach by CLIENT of this Agreement by the CLIENT.


Choice of Law:
This Agreement shall be deemed to have been made in the State of California. In any litigation arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs.


Jurisdiction:
All actions brought hereunder, whether at law or in equity, shall be brought in California state courts or federal courts located in the state of California. CLIENT consents to jurisdiction in the state of California and expressly waives any jurisdiction privileges which may be asserted in connection with this Agreement.


MISCELLANEOUS TERMS
This Agreement may not be modified except by a writing signed both parties.
1. A party's  failure to enforce strict performance of any provision of this Agreement will not constitute a waiver its right to subsequently enforce such provision or any other provision of this Agreement.
2. Reservation of Rights. EQUIMINE, Inc, Inc. reserves all rights not expressly granted to you in this license agreement.
3. This agreement shall be deemed as being jointly drafted and not construed in favor of or against any party.

 
CONSENT
I have carefully read and considered all provisions of this Agreement and agree that all of the terms set forth are fair and reasonable. I acknowledge and warrant that I unconditionally consent to all of the terms of this the terms of this Terms of Use agreement.
 
BY INSTALLING THE SOFTWARE AND/OR ACCESSING THE WEBSITE OR SERVICE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE.

 


 
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