We at First American Financial Corporation (“First American”) are happy that you
(“Licensee”) have elected to use our myFirstAm brand Internet website (as further
defined below, the “Site”). Before you may enter the Site, or utilize the contents
of the Site (including without limitation, the data and computer code contained
on or transmitted from the Site), the Licensed Products and the Software (each as
defined below), you must review and agree to the following terms and conditions.
You should carefully read the terms and conditions set forth below. By clicking
on the “I Accept” button below and accepting this End User License Agreement (“EULA”),
you agree to be bound by its terms and conditions for use of the Site, the Software,
and the Licensed Products, as defined below. If you do not agree to the terms and
conditions of this EULA, click on the “I Decline” button below, and do not enter
the Site or install or use the Software or the Licensed Products.
THIS EULA IS A LEGALLY BINDING AGREEMENT BETWEEN FIRST AMERICAN AND YOU CONCERNING
THE SITE, THE LICENSED PRODUCTS AND THE SOFTWARE. YOUR CLICKING OF THE “I ACCEPT”
BUTTON BELOW CONSTITUTES YOUR AGREEMENT WITH AND ACCEPTANCE OF ALL OF THE TERMS
AND CONDITIONS CONTAINED IN THIS EULA AND YOUR AGREEMENT TO BE BOUND BY SAID TERMS
AND CONDITIONS, INCLUDING THE PRODUCT LIABILITY LIMITATIONS, ALONG WITH THE PRICING
AND BILLING INFORMATION CONTAINED HEREIN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS
AND CONDITIONS IN THIS EULA, YOU SHOULD NOT USE THE SITE, THE LICENSED PRODUCTS
OR THE SOFTWARE AND YOU MUST CLICK THE “I DECLINE” BUTTON BELOW. BY DOING SO, YOU
WILL NOT BE AUTHORIZED TO ENTER OR USE THE SITE, THE LICENSED PRODUCTS OR THE SOFTWARE.
BY ACCESSING THE PRODUCTS AND/OR SERVICES PROVIDED THOUGH THIS WEBSITE, YOU ARE
AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS EULA.
In consideration of the mutual promises made herein and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged by each
party, the parties, intending to be legally bound, hereby agree to the following
terms and conditions:
All capitalized terms, in the plural
and in all tenses, shall have the meaning set forth in this paragraph and elsewhere
in this EULA:
shall have the meaning set
forth in paragraph 7 of this EULA.
shall have the meaning set
forth in paragraph 9 of this EULA.
shall mean the products and services
provided on the Site, including but not limited to those listed in paragraph 27
of this EULA, which are generated through Licensee's use of the Software, and are
provided to Licensee through the Site solely for the purposes set forth in this
EULA with respect to each such product or service.
||The shall mean the myFirstAm brand Internet
website, including without limitation, the data and computer code contained on or
transmitted from the Site, the Licensed Products, the Software, and the First American
Content. Any reference herein to the Site shall be to each individual item and also
to the Site as a whole.
shall mean the myFirstAm software, any
successor system or software as designated in writing by First American, and any
derivative works thereof, including all updates, releases, bug fixes, upgrades,
modifications, enhancements and extensions, all associated software components,
media, printed documents and/or “online” or electronic documentation, any image
and any text, data, or content, including, without limitation, information, composites,
photographs, film or video footage, animations, audio products, or any visual representations
regardless of whether the images are obtained via download from First American or
delivered by First American via any other media, together with all material generated
optically, electronically, digitally or by any other means from the same, including
any reproductions thereof.
Provided that Licensee complies with all
the terms and conditions of this EULA, First American agrees to provide Licensee
with access to the Site, the Software, and the Licensed Products in accordance with
and subject to the terms of this EULA. Licensee acknowledges and agrees that First
American governs the terms of all access to and use of the Site (including any upgrades,
modifications or updates thereto) and all products, services, and materials contained
therein that are delivered by means of the Site, including the Software, the Licensed
Products, and all third party products and information that may be included therein.
First American reserves the right to revise or alter the Site, Software and Licensed
Products at any time, in its sole discretion and to cease offering the Site, Software,
and Licensed Products.
The term of this EULA will commence
upon Licensee's acceptance (by clicking “I Accept”) and continue in perpetuity,
unless sooner terminated pursuant to the terms hereof (the “Term”). Notwithstanding
the foregoing, upon written notice to Licensee, First American may immediately terminate
this EULA, and terminate Licensee's access to and use of the Site, the Software
and the Licensed Products, if First American ceases to offer the Site, Software
or Licensed Products or Licensee fails to comply with any of the terms of this EULA,
or upon revocation of authorization from Licensee's employer or the lender controlling
Licensee's access. First American may also terminate this EULA, for any reason whatsoever,
in its sole discretion, by giving Licensee thirty (30) days advance notice. Upon
any termination of this EULA, the License (as defined below) shall simultaneously
terminate, and Licensee shall promptly (within five (5) days) return or destroy
all Confidential Information, the Licensed Products furnished by First American,
and the Software. Licensee shall certify in writing to First American that all copies
of the same have been returned or destroyed.
Subject to the terms and conditions
of this EULA, and provided that Licensee has paid all applicable fees to First American
for the use of the Site, the Software and the Licensed Products and that Licensee
has not breached the provisions of this EULA or any other agreement between Licensee
and First American, First American grants to Licensee during the Term and within
the United States a limited, revocable, non-exclusive, non-sublicensable and non-transferable
license to use:
the Site, solely for the purposes of creating property marketing collateral for
buyers and sellers of real property, and conducting research for internal purposes
regarding property detail and ownership information in properties actively being
contemplated for a buying, selling, or refinance transaction;
the Software, in object code format only and excluding source code, on a single
computer solely for Licensee's personal use in connection with the generation of
the Licensed Products; and
the Licensed Products, solely for the purposes and subject to the terms set forth
in paragraphs 5 and 27 herein.
The license granted by First American to Licensee hereunder (the “License”) is conditioned
upon Licensee's compliance with the terms and conditions of this EULA, and authorization
from Licensee's employer or such lending institution that controls Licensee's use
hereunder (if applicable). All titles, patents, trademarks, copyright and other
proprietary notices of First American must be reproduced on copies of the Licensed
Products permitted or used hereunder by Licensee. Any alteration, deletion, modification,
or change of any kind to the titles, patents, trademarks, copyrights or other proprietary
notices by the Licensee is strictly prohibited and constitutes a violation of First
American's rights and a breach of this EULA. Unauthorized use of the Licensed Product
can result in civil damages and criminal penalties.
Licensee acknowledges and agrees
that Licensee's use and access of the Site, the Software and the Licensed Products
may be logged and monitored. Licensee shall have no expectation of privacy in using
the Site, Software, or Licensed Products. Licensee agrees to use the Site, the Software
and the Licensed Products in a manner consistent with any and all applicable laws,
rules and regulations as well as the terms and conditions set forth in this EULA,
on the Site or in the documentation accompanying and/or contained within the Software.
Licensee shall not disassemble, create models, analytics, or derivative works of,
decompile, manipulate or reverse engineer the Site, the Software or the Licensed
Products, and Licensee shall take all necessary steps to prevent any of Licensee's
authorized users (if permitted pursuant to separate negotiated terms with the First
American Account Manager) or any third party from doing the same. Licensee is not
permitted to resell any information contained on the Site, including without limitation
the Software or the Licensed Products, nor may Licensee use the Site, the Software
or the Licensed Products to create, enhance or structure any database for resale
or distribution. Licensee shall not use the Site, the Software or the Licensed Products
in any way that infringes or misappropriates First American or any third party owner's
copyright, patent, trademark, trade secret or other intellectual property or proprietary
rights or rights of publicity or privacy. Licensee will take all reasonable steps,
in accordance with the best industry practices, to protect the security of the Site,
the Software and the Licensed Products and to prevent the unauthorized use or disclosure
of the Site.
The products and services provided hereunder are licensed to authorized users only.
All unauthorized users are prohibited. The information, products, and services being
accessed by Licensee are for the sole use of First American customers and authorized
third parties. Licensee shall only access the Site, and use the Software and the
Licensed Products on a restricted basis, as authorized in this EULA, using an assigned
password or other security mechanism to prevent unauthorized access. Sharing of
user access is prohibited and any automation of accessing information is strictly
prohibited unless expressly authorized in writing by First American. It is the sole
responsibility of Licensee to maintain the confidentiality of all assigned usernames
and passwords, and Licensee shall be responsible for all charges relating to the
use of said usernames and passwords whether or not authorized by Licensee. Licensee
may in the course of using the Site, the Software and/or the Licensed Products indicate
that other participants in Licensee's proposed transaction are interested in using
the Software, the Site and/or the Licensed Products, and Licensee may provide information
(e.g., e-mail addresses, addresses and names) to First American regarding such parties.
However, such parties may not utilize the Site, the Software or the Licensed Products
until such parties are authorized by First American and expressly agree to the terms
of this EULA. Licensee shall notify First American in writing of all changes, deletions
or additions to the identity of persons assigned usernames within ten (10) days.
Licensee as a registered user of the Site, the Software and the Licensed Products
may only forward materials to third parties that you have personally uploaded to
the Site using the Software, provided that you agree to and abide by the terms of
this EULA. Licensee may not under any circumstances modify, copy, distribute, republish
or download any of the material or First American Content (as defined below) on
the Site without First American's prior consent in writing, except for content that
you or another participant in your proposed real estate transaction that has previously
agreed to the terms of this EULA have previously uploaded to the Site using the
Software. Licensee shall be liable to, and agrees to indemnify, defend and hold
First American harmless from any penalties, fines, claims or causes of actions due
to a misappropriation or unauthorized disclosure of non-public information resulting
from misuse of any usernames or passwords or the Site, Licensed Products or Software.
Licensee will not use or cause the real property ownership information to be used
for its internal business purpose of telemarketing and/or direct marketing. In no
event is Licensee permitted to reproduce or store internally in a database or otherwise,
the Site in its entirety, nor is Licensee permitted to reproduce or store internally
substantial amounts of material and information contained in the Site. Storage of
any material and information obtained from the Site is to be limited to a reasonable
period, unless specifically required otherwise by federal, state or local laws.
No copying, redistribution, or use of the Site, any portion thereof, nor any material
contained therein (including, without limitation, the Software and the Licensed
Products) is permitted for external purposes.
In no event shall Licensee use the Site, the Software or the Licensed Products for
illegal purposes or in any manner that is defamatory, libelous, unlawfully threatening
or unlawfully harassing, or otherwise violates any federal, state or local statute,
law or regulation, for debt collection, skip tracing, or electronic telephone directory
assistance. Licensee shall not use the Site, the Software or the Licensed Products:
(i) as a factor in establishing an individual's eligibility for credit, insurance,
or employment, other than underwriting a policy of title insurance and, as permitted
by law, for purposes of underwriting any other insurance product; (ii) in connection
with a determination of an individual's eligibility for a license or other benefit
granted by a governmental authority; or (iii) in a way that would cause the same
to constitute a “consumer report” under, or in connection with any impermissible
purpose as defined by, the Fair Credit Reporting Act (PL 91-508, 15 U.S.C. Sections
1681 et seq.), as amended. Licensee shall be solely responsible for obtaining any
and all necessary licenses, certificates, permits, approvals or other authorizations
required by federal, state or local statute, law or regulation pertaining to real
estate property lending and valuation practices. First American makes no representations
or warranties about the legality or propriety of the use of the Site, the Software
or the Licensed Products in any jurisdiction, state or region.
Licensee acknowledges that certain products and services provided in connection
with Licensee's use of the Site, the Software and the Licensed Products may incorporate
information, services, and/or products of third parties and the provision and use
thereof shall be subject to terms and conditions provided by such third parties.
Licensee assumes sole responsibility for all use of the real property ownership
information provided by a third party data supplier, including the liability and
responsibility for any and all claims, demands, losses, damages, liabilities, costs,
charges and expenses, including reasonable attorneys' fees, arising out of Licensee's
use of the real property ownership information and indemnifies First American and
its suppliers or licensors with respect thereto.
Violation of any of the foregoing provisions, or unauthorized access of the Site,
the Software or the Licensed Products, shall give First American the right to immediately
terminate the EULA without further obligation, and may subject Licensee to civil,
criminal and/or administrative penalties.
Licensee acknowledges and agrees that,
as between Licensee and First American, First American retains all right, title
and interest in and to the Site, the Software and the Licensed Products, including
all copyrights, patents, trademarks, trade secrets and all other intellectual property
rights in the same. No rights in or to the Site, the Software or the Licensed Products
are granted to Licensee except the limited License specifically granted in this
EULA. Licensee acknowledges that it shall not acquire any copyright ownership or
other similar right, or any other ownership or intellectual property rights in or
to the Site, the Software, the Licensed Products or other property owned by First
American as a result of this EULA. All information posted to the Site by Licensee
shall become the sole property of First American, and shall be assigned pursuant
to the terms of this paragraph. In the event that any copyrightable works of authorship
are created by Licensee under this EULA through the use of the Site, Licensed Products
or Software, Licensee agrees that such works are “works for hire” within the meaning
of the copyright laws of the United States of America (17 U.S.C. §101, et seq.),
or similar foreign laws, and any rights, title or interest arising from a compilation
or derivative work created using any part of the Site, the Software or the Licensed
Products shall belong exclusively to First American. Licensee hereby assigns all
intellectual property rights created under this EULA or in connection with its use
of the Site, the Software or Licensed Products to First American, and further agrees
to execute such documentation confirming this assignment as may reasonably be requested
by First American.
The Software, the Licensed Products and the Site make use of a database of regional
real estate listing information, including text, data, images, maps, audio, video
and other informational content and data that is owned by First American or its
various data providers (“MLS Data”). Licensee acknowledges and agrees that the MLS
Data is valuable and confidential information of First American or its various data
providers and is provided solely for your use and benefit as an MLS subscriber.
Licensee acknowledges and agrees that Licensee will obtain no title or ownership
to the MLS Data as a result of this EULA and, to the extent necessary, Licensee
will enter into additional agreements with the MLS Data providers.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed,
submitted or offered to First American on or by this Site or otherwise disclosed,
submitted or offered in connection with your use of the Site or Licensed Product (collectively, "Feedback")
shall be and remain the property of First American. Such disclosure, submission or offer of
any Feedback shall constitute an assignment to First American of all worldwide rights,
titles and interests in all copyrights and other intellectual properties in the Feedback,
and First American will own exclusively all such rights, titles and interests and
shall not be limited in any way in its use, commercial or otherwise, of any Feedback.
First American is and shall be under no obligation (1) to maintain any Feedback in confidence;
(2) to pay to user any compensation for any Feedback; or (3) to respond to any user Feedback.
You agree that no Feedback submitted by you to the Site will violate any right of any third party,
including copyright, trademark, privacy or other personal or proprietary right(s).
You further agree that no Feedback submitted by you to the Site will be or contain libelous or
otherwise unlawful, abusive or obscene material.
Licensee acknowledges that the
Site contains valuable commercial products, the development of which has involved
the expenditure of substantial time and money. Licensee will issue appropriate instructions
to all of its employees having access to the Site and any associated third party
products concerning the restrictions contained herein, and shall initiate strict
security measures to prevent the accidental or otherwise unauthorized use or release
of any and all proprietary and confidential information of First American and any
third parties associated with or provided through the Site (hereinafter referred
to as "Confidential Information"). Confidential Information includes, without limitation,
the Site, the Software and the Licensed Products, real property ownership information,
with particular respect to consumer information that is considered "sensitive",
namely: financial information including mortgage values, real estate loan information,
default and foreclosure information, as related to a named individual owner; all
technical and non-technical data; formulae; patterns; compilations; programs; devices;
methods; techniques; drawings; processes; business practices; plans or proposals;
list(s) of customer names and addresses and other customer and/or consumer-related
information, including any nonpublic personal information as defined by federal
law, including, but not limited to, the Gramm-Leach-Bliley Act, as it may be amended,
any regulations promulgated thereunder and any other customer information protected
by applicable international, federal or state laws; third party products and information
lists of actual or potential third party customers or suppliers; sales and marketing
information; training and operations materials; personnel records; and all other
written or oral information relating to the business or affairs of First American
or other third parties whose information or products are provided through the Site
(including their pricing, transactions, products, planning, strategies, ideas, and
Confidential Information shall not include any information that: (i) enters the
public domain through no fault of Licensee; (ii) is rightfully known by Licensee
without any obligation to keep it confidential at the time it is disclosed by First
American, as shown by the Licensee's records; (iii) is independently developed by
the Licensee at any time without reference to the Confidential Information, as shown
by the Licensee's records; or (iv) is rightfully obtained by the Licensee from an
independent third party who does not have an obligation of confidentiality to First
American, or the respective third-party owner of information provided through the
Site. For the avoidance of doubt, and notwithstanding the foregoing, the Site, the
Software and the Licensed Products are proprietary, protected by copyright and trade
secrets of First American, and the restrictions on use and disclosure of the Site,
the Software and the Services are not subject to the exceptions set forth in this
paragraph. Licensee agrees both during and after the Term of this EULA not to disclose,
use, disseminate, reproduce or publish any portion of the Site or any products or
services delivered via the Site (including the Software or the Licensed Products)
in any manner other than as specifically stated herein. In the event that a breach
of these confidentiality terms occurs, in addition to First American' right to terminate
the EULA, First American may proceed to the appropriate court and seek immediate
injunctive relief, or other equitable relief as appropriate, in addition to any
other rights and remedies that it may have at law or in equity. In the event of
termination, or expiration of this EULA, Licensee agrees to immediately cease using
the Site, including all information obtained through the Site. Licensee agrees to
abide by all prevailing federal, state, and local laws and regulations governing
lending, fair information practices and consumers' rights to privacy, and Licensee
will limit access to consumer information obtained through the Site to those individuals
who have a "need to know" in connection with Licensee's internal business. Licensee
agrees to obligate any individuals provided access to consumer information hereunder
to acknowledge consumers' rights to privacy and adhere to fair information practices.
In any event, Licensee agrees to be liable for, and indemnify First American with
respect to any claims concerning, any violations arising hereunder caused by individuals
which Licensee has provided access to, both directly and indirectly.
During the Term of this EULA, First
American shall have the right to audit, during Licensee's regular business hours
and subject to Licensee's reasonable security requirements, Licensee's books, records
and computer systems that contain information pertaining to the Site, the Software,
the Licensed Products, or this EULA to determine that Licensee is in compliance
with the terms, conditions, and restrictions of this EULA. All costs of such audit
shall be borne by First American, except that such expenses shall be borne by Licensee
in the event that any audit determines that Licensee has materially breached any
of the terms or conditions herein.
Except for products and information
provided by a third party licensor, with respect to which such licensor shall remain
the exclusive owner of the respective information, all First American websites (including
the Site) are owned and copyrighted by First American. No ownership rights are being
granted to Licensee by this EULA. Subject to the limited License provided herein,
First American reserves all rights in and to the Site, including but not limited
to the exclusive rights under copyright and other intellectual property and the
right to grant further licenses. Licensee shall only use the Site as specifically
stated herein. All editorial content, graphics and information on the Site provided
by First American or its affiliates as well as the Software is owned by or licensed
to First American or its affiliates (collectively, the “First American Content”).
First American and its licensors reserve and retain all copyright, intellectual
property and other proprietary rights in and to the First American Content, including
without limitation, all rights in any public information gathered as a compilation.
All First American Content is protected by U.S. and/or international copyright laws,
international treaties and/or other applicable laws. Unauthorized use of the Site
or the First American Content is strictly prohibited and may subject you to prosecution.
Licensee acknowledges that all information accessed through the Site is proprietary
information of First American and its third party suppliers (including without limitation
real property ownership information) under copyright, and have been furnished to
Licensee in trust. Revision, republication and re-use of the First American Content
or the Site for any purpose is strictly prohibited in whole or in part. Except as
permitted by the limited License herein, the materials from the Site including,
but not limited to, the First American Content may be used solely for limited non-commercial
informational purposes only as necessary to do business with First American or for
evaluating or purchasing First American's products and services. Except for making
one hard copy printout of limited portions of the First American Content on an ad
hoc basis for private use, or downloading as may be expressly authorized by First
American within specific portions of the Site, the First American Content may not
be reproduced, licensed, copied, displayed, published, sold, modified, transmitted
or distributed without First American's prior written permission which may be withheld
in First American's sole discretion. Linking to and/or framing the Site is strictly
prohibited unless First American expressly consents in writing to such a link or
frame, and the User enters into a further agreement for such linking to and/or framings.
Any person or entity wishing to establish a link to the Site, frame the Site, or
request First American's consent to other uses of the Site or First American Content,
may send their request by e-mail to the First American Webmaster. All other uses
of the Site and/or the First American Content not expressly addressed in this EULA
are strictly prohibited.
First American owns several trademarks
and service marks that are used in connection with among other things, the Site
and the Software. The trademarks and service marks owned by First American include
without limitation myFirstAm, First American®, the Eagle logo® and FIRSTAM.COM®
(“First American Marks”). Any use of the First American Marks requires prior approval
in writing by First American which may be withheld in First American's sole discretion.
The “look and feel” of First American's Site and the contents thereof, including
without limitation, the First American Content and color combinations, buttons,
layout, and other graphical elements are protected by applicable U.S. and international
intellectual property laws, including without limitation trademark, copyright and
trade dress laws. Nothing contained herein shall constitute a license (either express
or implied) for Licensee to use any of the First American Marks or trade dress,
including the elements that constitute the “look and feel” of the Site.
Licensee hereby represents and warrants
that any content that Licensee uploads to the Site or content that Licensee uses
in connection with the Software or the Licensed Products shall not be used in any
manner that is defamatory, libelous, unlawfully threatening or unlawfully harassing,
and does not and shall not infringe upon or misappropriate any rights, including,
without limitation, intellectual property rights, proprietary rights or confidentiality
rights, or rights of publicity or privacy of any third parties or First American
and that such content is free of worms, virus, Trojan Horses and other disabling
code. For the avoidance of doubt, "content" as used in this EULA in connection with
the Licensee shall be construed broadly so as to include, but not be limited to,
all materials, documents, images, data, information or other materials that Licensee may
upload to the Site or use in connection with Licensee's use of the Software and/or
the Licensed Products. Licensee agrees to indemnify, defend and hold First American,
its parents, subsidiaries, affiliates and their respective officers, directors,
employees and agents, harmless from and against any and all claims, suits, damages,
costs and expenses, including attorneys' fees, arising from a) a third party claim
that relates to documents you uploaded to the Site, or b) your breach of any provision
of this EULA or Licensee's use of the Site, the Software or the Licensed Products in a
manner that is inconsistent with either this EULA, applicable law, the documentation or
information accompanying the Software or the documentation or information made available
on the Site.
Where First American provides hypertext links
to other Internet websites on the Site, it does so for informational purposes only,
and such links are not endorsements by First American of any products or services
on such sites. First American accepts, and shall incur, no liability for such products
or services and makes no endorsement or approval of the same.
THE SITE (INCLUDING THE FIRST AMERICAN
CONTENT), SOFTWARE, LICENSED PRODUCTS AND THE FIRST AMERICAN CONTENT, INCLUDING
WITHOUT LIMITATION ANY INFORMATION, DATA, PRICES, AND QUOTATIONS CONTAINED ON THE
SITE OR WITHIN THE SOFTWARE, IS SUBJECT TO CHANGE WITHOUT NOTICE. THE LICENSED PRODUCTS
AND THE FIRST AMERICAN CONTENT ARE PROVIDED TO LICENSEE ON AN “AS IS, AS AVAILABLE”
BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES
BASED ON COURSE OF DEALING OR USAGE IN TRADE, FITNESS FOR PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, SECURITY, AVAILABILITY, ACCURACY OR OTHERWISE. THE SITE (INCLUDING
THE FIRST AMERICAN CONTENT) AND THE SOFTWARE AS WELL AS THE MATERIALS CONTAINED
THEREIN MAY CONTAIN ERRORS OF PUBLICATION OR TRANSMISSION. FIRST AMERICAN DISCLAIMS
ANY AND ALL LIABILITY TO ANY PERSON OR ENTITY FOR THE PROPER PERFORMANCE OF SERVICES
NECESSARY TO THE CONDUCT OF A REAL ESTATE CLOSING. IF LEGAL ADVICE OR OTHER EXPERT
ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.
FIRST AMERICAN, ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS
OR WARRANTIES THAT LICENSEE'S USE OF THE SITE WILL SATISFY ANY STATUTORY OR REGULATORY
OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH
ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE LEGALITY OR
PROPRIETY OF THE USE OF THE SITE (INCLUDING THE FIRST AMERICAN CONTENT), THE SOFTWARE
OR THE LICENSED PRODUCTS IN ANY GEOGRAPHIC AREA, THE GRAMM-LEACH-BLILEY ACT OF 1999,
THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS.
LICENSEE IS SOLELY RESPONSIBLE FOR ENSURING THAT LICENSEE'S USE OF THE SITE (INCLUDING
THE FIRST AMERICAN CONTENT), THE SOFTWARE, AND THE LICENSED PRODUCTS IS IN ACCORDANCE
WITH APPLICABLE LAW. IT IS LICENSEE'S RESPONSIBILITY TO REVIEW CHANGES IN LAWS,
REGULATIONS AND ACCOUNTING PRACTICES THAT AFFECT LICENSEE AND LICENSEE'S BUSINESS.
FIRST AMERICAN DOES NOT WARRANT THAT THE SITE, THE SOFTWARE OR THE LICENSED PRODUCTS
ARE COMPLETE OR FREE FROM ERROR OR WILL BE AVAILABLE 24 HOURS PER DAY, SEVEN DAYS
PER WEEK, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS ANY LIABILITY TO ANY PERSON
OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN SUCH SERVICES, WHETHER
SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE. LICENSEE
ACKNOWLEDGES THAT THE SITE, THE SOFTWARE AND THE LICENSED PRODUCTS MAY NOT INCLUDE
ALL RECORDED CONVEYANCES, INSTRUMENTS OR DOCUMENTS WHICH IMPART CONSTRUCTIVE NOTICE
WITH RESPECT TO ANY CHAIN OF TITLE DESCRIBED IN THE SERVICES AND CERTAIN DATA INCLUDED
WITHIN THE SERVICES MAY BE SEEDED TO DETECT UNAUTHORIZED USE. THE LICENSED PRODUCTS
AND THE FIRST AMERICAN CONTENT DO NOT CONSTITUTE AN OFFER OF ANY KIND, BUT ARE MERELY
INFORMATIONAL IN NATURE AND PROVIDED FOR LICENSEE'S CONVENIENCE AND ARE NO SUBSTITUTE
FOR SPECIFIC ADVICE OR PERSONAL VERIFICATION. LICENSEE IS RESPONSIBLE FOR VERIFYING
ALL PARTICULARS BEFORE PLACING ANY ORDERS OR CONDUCTING ANY REAL ESTATE TRANSACTIONS.
SOME OF THE INFORMATION ON THE SITE OR CONTAINED WITHIN THE FIRST AMERICAN CONTENT
IS A COMPILATION OF INFORMATION GATHERED FROM PUBLIC DOMAIN SOURCES AND SUCH INFORMATION
IS PROVIDED ON AN “AS IS” BASIS. FIRST AMERICAN SHALL NOT BE RESPONSIBLE FOR ERRORS
IN SUCH INFORMATION AND/OR OTHER DEFECTS. UNDER NO CIRCUMSTANCES SHALL FIRST AMERICAN
BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY LICENSEE'S RELIANCE ON ANY INFORMATION
OBTAINED THROUGH THE SITE OR FROM THE SOFTWARE OR THE LICENSED PRODUCTS. IT IS SOLELY
THE RESPONSIBILITY OF LICENSEE TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF ANY INFORMATION OR SERVICES AVAILABLE THROUGH THE SITE, THE LICENSED PRODUCTS
OR THE SOFTWARE. LICENSEE ACKNOWLEDGES AND AGREES THAT FIRST AMERICAN SHALL INCUR
NO LIABILITY BASED ON ANY PROBLEMS WITH THE SITE OR THE SOFTWARE OR THE UNAVAILABILITY
OF EITHER OR THE LOSS OF ANY CONTENT THAT LICENSEE OR ANY OTHER PARTY MAY HAVE UPLOADED
TO THE SITE OR USED IN CONNECTION WITH THE SOFTWARE.
TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAWS, FIRST AMERICAN, ITS PARENTS, SUBSIDIARIES, AFFILIATES, THIRD PARTY
SUPPLIERS, AND ALL OF THE AFOREMENTIONED PARTIES' RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS SPECIFICALLY DISCLAIM, AND SHALL NOT UNDER ANY CIRCUMSTANCES
INCUR, ANY LIABILITY (WHETHER UNDER FEDERAL OR STATE LAW OR IN TORT, CONTRACT, STRICT
LIABILITY OR OTHERWISE AND WHETHER FORESEEABLE OR NOT) FOR ANY LOSSES AND EXPENSES
OF WHATEVER NATURE ARISING OUT OF OR IN ANY WAY RELATED TO ACCESS TO OR USE OF THE
SITE (INCLUDING THE FIRST AMERICAN CONTENT), THE LICENSED PRODUCTS OR THE SOFTWARE,
INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, OR DAMAGES RELATING TO LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS,
WORM, TROJAN HORSE PROGRAM OR DISABLING CODE (REGARDLESS OF THEIR SOURCE), LOSS
OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR
OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF FIRST AMERICAN HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. LICENSEE ASSUMES THE RISK IN USING THE
SITE (INCLUDING THE FIRST AMERICAN CONTENT), THE LICENSED PRODUCTS AND THE SOFTWARE
AS WELL AS TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP
AND VIRUS CHECKING AS LICENSEE CONSIDERS NECESSARY.
FIRST AMERICAN'S THIRD PARTY DATA SUPPLIERS ARE NOT RESPONSIBLE FOR ANY DAMAGES
INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE,
THE COST OF ANY SUBSTITUTE DATA, OR CLAIMS BY THIRD PARTIES, OR FOR OTHER SIMILAR
COSTS. IN NO EVENT SHALL FIRST AMERICAN'S DATA SUPPLIERS BE LIABLE FOR ANY DAMAGES
RESULTING FROM LICENSEE'S INABILITY OR FAILURE TO ACCESS ANY WEB SITE.
In addition to other indemnification
obligations provided in this EULA, Licensee agrees to indemnify and hold First American,
its parents, subsidiaries, affiliates, third party suppliers, and all of their respective
officers, directors, employees and agents harmless from and against all claims of
third parties arising out of or related to the use of the Site (including the First
American Content), the Software and the Licensed Products by Licensee except as
expressly provided herein, or attributable to Licensee's breach of this EULA; provided
that First American gives Licensee prompt written notice of any such claim. First
American shall control the defense and any settlement of such claim, and Licensee
shall cooperate with First American in defending against such claim.
Licensee acknowledges that the
services and products provided hereunder are a valuable commercial product, the
development of which involved the expenditure of substantial time and money. Any
violation of the terms hereunder entitles First American to injunctive relief as
such violation will cause irreparable harm to First American. If Licensee infringes
or misappropriates any of First American's intellectual property rights or violate
the provisions set forth herein, First American may not have adequate remedy in
money or damages. Accordingly, in addition to other remedies provided by law or
this Agreement, First American shall have the right to obtain injunctive relief
against any violation of the acceptable use and confidentiality provisions contained
herein. Granting of injunctive relief shall not limit First American's right to
seek further remedies at law or in equity and in connection with the issuance of
an injunction, First American shall not be required to post a bond or provide an
Licensee shall provide
prompt notice to First American, and a reasonable opportunity to cure, any known
error, omission or mistake that may result in a claim against First American regarding
the Site (including the First American Content), the Software or the Licensed Products
provided pursuant to this EULA, prior to making a claim against such products and
services. In addition, Licensee shall use its best efforts to mitigate its losses
resulting from services provided pursuant to this EULA, including without limitation,
enforcing its promissory notes and security instruments to the fullest extent provided
by law. Licensee shall also provide First American with adequate information from
its loan file to assist in claim administration. In the event that Licensee does
not perform according to the requirements of this paragraph, First American will
not be liable. Licensee must also provide sufficient documentation, as deemed by
First American, to evidence its out-of-pocket, actual monetary loss.
In consideration of obtaining access to
and use of the Site (including the First American Content), the Software and the
Licensed Products, Licensee agrees to be bound by the terms and conditions of this
EULA throughout the Term, and to pay the applicable fees for the Licensed Products
that Licensee elects to purchase in accordance with the terms set forth in paragraph
27 herein, which fees may be agreed upon in a separate written agreement by the
parties, or as set forth in the pricing information on this Site; if the parties
have entered into a separate pricing agreement, those terms shall control. The parties
agree and acknowledge that First American reserves the right to amend the terms
of this EULA, and to change the Software, the contents of the Site, the Licensed
Products, and the pricing therefore at any time, unless Licensee has a separate
agreement with First American that indicates otherwise. Notwithstanding the foregoing,
First American reserves the right to modify all product prices set forth herein
including, but not limited to, a change in volume commitments by Licensee, geographic
distribution of orders, or searches involving additional expense. Products and services
ordered over the Site cannot be canceled once services have been provided or upon
commencement of work by First American, and fees for services will be considered
accrued immediately. Licensee shall provide all telephone lines, charges, and hardware
or software necessary to access the Site, the Software and the Licensed Products.
Licensee shall be liable for all applicable taxes (past, present and future), including
without limitation any use and sales taxes, which may be collected or are required
to be collected by First American pursuant to any federal, state or local regulation(s)
pursuant to Licensee's use of the Site.
Unless otherwise agreed to in a separate
signed Agreement between First American and Licensee, payment for all charges is
due within thirty (30) days from the date of the invoice or statement. Charges for
the services provided will be accumulated by the Licensee account number and will
be invoiced normally following the end of the month in which the service is provided.
If Licensee becomes sixty (60) or more days past due, access or shipment will be
automatically disabled until all past due charges are paid. Licensee will continue
to be responsible for any monthly minimum charge during any period that access or
shipment is suspended.
Upon the termination of this EULA, or
the discontinuance of use of the Site, the Software or the Licensed Products by
Licensee, paragraphs 3, 5, 6, 7, 9, 10, 11, 13, 14, 15, 16, 20, and 26 shall survive
the termination. Upon termination of this EULA by either party, any amounts unpaid
by Licensee shall be immediately due and payable.
First American may collect,
process and transmit data obtained from and about Licensee in the course of Licensee's
accessing and using the Site and the Software in connection with Licensee's transactions.
Licensee acknowledges and agrees that the Site and the Software when used for their
intended purpose of managing transactions will collect, process and transmit data
as directed by their users. Additionally, First American collects aggregate data
for statistical and quality assurance purposes and Licensee hereby consents to the
collection and use of such aggregate data. In addition and in accordance with applicable
law, Licensee's personal information and data may be shared with First American's
may receive information regarding additional products and services. By agreeing
to this EULA, Licensee agrees to the terms outlined in the Use of Information section
First American reserves the right,
and Licensee hereby grants it permission, to override and remove security settings
and restrictions on Adobe Acrobat files, such as Document Packaging, and on other
documents that Licensee uploads to the Site for the purpose of using the same in
connection with the Software in order to enable certain features of the Site and
This EULA shall bind and inure to
the benefit of Licensee and First American and our respective successors and permitted
assigns. Licensee may not assign, sublicense, pledge or transfer any of its rights
or obligations under this EULA to any other person or entity without First American's
prior written consent which may be withheld in First American's sole discretion
(and any such purposed assignment, pledge or transfer without such prior written
consent shall be void ab initio). Licensee acknowledges and agrees that First American
may, in its sole discretion, assign this EULA to any other person or entity at will
without Licensee's consent.
If any of the provisions of this EULA
are determined to be invalid by a court or government agency of competent jurisdiction,
it is agreed that such determination shall not affect the enforceability of the
remaining provisions herein.
The section headings in this EULA have
been inserted merely for convenience, are not a part of this EULA, and shall not
affect the rights and obligations of Licensee and First American or the meaning
of the language in this EULA.
This EULA is entered into
in the State of California, County of Orange and shall be governed by, and construed
and interpreted in accordance with the laws of the State of California without regard
to principles of conflicts of law. Licensee agrees to submit to the exclusive jurisdiction
of the courts (State and Federal) located in the State of California, County of
Orange in connection with any controversy arising under this EULA or its subject
matter. Licensee hereby waives any objection Licensee may have in any such action
based on lack of personal jurisdiction, improper venue or inconvenient forum.
Licensee may elect to
purchase the following Licensed Products by providing Licensee's selection of products
in writing or through this Site, provided, however, that Licensee hereby agrees
to comply with the terms and conditions, including the payment terms, regarding
each such Licensed Product as set forth below. Additionally, by accepting and using
such Licensed Products, Licensee also agrees to the additional terms for such Licensed
Products as set forth below.
LIMITATIONS ON TITLE INSURANCE COMMITMENTS AND POLICIES. TITLE INSURANCE COMMITMENTS
AND POLICIES ARE GOVERNED EXCLUSIVELY ACCORDING TO THE TERMS OF A SEPARATE CONTRACT
THAT WOULD BE REQUIRED TO BE ENTERED INTO BETWEEN THE PARTIES AS APPLICABLE.
ALL AVAILABLE THROUGH
THIS WEBSITE ARE SUBJECT TO THE TERMS HEREIN, AS WELL AS ANY TERMS AGREED TO BY
YOU AND THE FIRST AMERICAN PRODUCT COMPANY PROVIDING SUCH PRODUCTS OR SERVICES.
FIRST AMERICAN'S THIRD PARTY DATA SUPPLIERS ARE NOT RESPONSIBLE FOR ANY DAMAGES
INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF THE LICENSEE REPORTS, LOSS OF THE
LICENSEE REPORTS OR THE COST OF RECOVERING LICENSEE REPORTS.
PROPERTY REPORTS MAY NOT BE AVAILABLE IN CERTAIN AREAS. PLEASE CONTACT YOUR FIRST
AMERICAN REPRESENTATIVE FOR FURTHER INFORMATION. THE PROPERTY OWNERSHIP REPORT IS
NOT A CHAIN OF TITLE OR OTHER REPRESENTATION REGARDING THE CONDITION OF TITLE TO
REAL PROPERTY AND SHOULD NOT BE UTILIZED TO ISSUE OR UNDERWITE TITLE INSURANCE POLICIES.
A PROPERTY OWNERSHIP REPORT IS NOT INSURED.
FIRST AMERICAN'S THIRD PARTY DATA SUPPLIERS ARE NOT RESPONSIBLE FOR ANY DAMAGES
INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF THE LICENSEE REPORTS, LOSS OF THE
LICENSEE REPORTS OR THE COST OF RECOVERING LICENSEE REPORTS.
Without limiting and
notwithstanding any other provision of this EULA, Licensee acknowledges that the Licensed
Products include certain informational reports provided to Licensee by
First American (the “Informational Reports”). The Informational Reports may
include (without limitation) radius reports, foreclosure reports, certificates of title, chains
of title, ownership and encumbrance reports, property reports, and any similar reports that
provide data relating to real or personal property or are compiled in whole or in part from
records of governmental sources, records of First American, or otherwise, and that are not
expressly described on the face thereof as title insurance policies, guaranties, title insurance
commitments, or their local equivalents. Without limiting the foregoing, anything containing the
limitation of liability set forth below shall be deemed an Informational Report under this EULA.
First American and Licensee intend and agree that all Informational Reports shall contain the
disclaimer described below or language materially and substantially similar thereto (the “Limitation of Liability”)
on the face of the Informational Report. The Limitation of Liability is hereby incorporated
into every Informational Report issued to Licensee under this EULA as a material and essential term
of the parties' agreement regarding the Informational Reports, and Licensee agrees to accept the
Informational Reports subject to the Limitation of Liability. Licensee agrees that all Informational
Reports shall be deemed to include the Limitation of Liability even if an Informational Report fails
to display the Limitation of Liability. Licensee acknowledges and agrees that First American shall
not be responsible for any loss, cost, or damage that Licensee may incur as a result of Licensee's
distribution of the Informational Reports to any person who has not accepted the terms of this EULA.
The Limitation of Liability is as follows:
THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A
REPRESENTATION OF THE CONDITION OF TITLE TO REAL PROPERTY. IT IS NOT AN ABSTRACT, LEGAL OPINION, OPINION OF TITLE,
TITLE INSURANCE COMMITMENT OR PRELIMINARY REPORT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED
EXCLUSIVELY FOR THE BENEFIT OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER PERSON.
THIS REPORT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICAN'S PRIOR WRITTEN CONSENT. FIRST AMERICAN
DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION HEREIN IS COMPLETE OR FREE FROM ERROR, AND THE INFORMATION HEREIN
IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, AS-IS, AND WITH ALL FAULTS. AS A MATERIAL PART OF THE CONSIDERATION
GIVEN IN EXCHANGE FOR THE ISSUANCE OF THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICAN'S SOLE LIABILITY FOR ANY LOSS
OR DAMAGE CAUSED BY AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS REPORT SHALL
BE LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND AGREES THAT
FIRST AMERICAN WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE. FIRST AMERICAN
MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF RECIPIENT'S USE OF THE INFORMATION HEREIN.
DOCUMENT IMAGES MAY NOT BE AVAILABLE IN CERTAIN AREAS. PLEASE CONTACT YOUR FIRST
AMERICAN REPRESENTATIVE FOR FURTHER INFORMATION.
Licensee shall use the services and/or the record export for internal business purposes
only. Licensee shall not resell, relicense or redistribute the services or the record
export in whole or in part. Licensee shall not use any element or component of the
services to create, replace, supplement or enhance any title, legal, vesting, ownership
or encumbrance report, nor use the services or record export, coupled with alternative
insurance approaches or products without first obtaining written permission from
Certain documents are provided in the FAST Transaction System which may be used by Customer in its
sole discretion and at its sole responsibility. First American provides no representations, warranties or assurances as to the legal accuracy,
completion or appropriateness for Customer or any underlying transaction. Also certain recommended underwriting and settlement procedures which
may available in the FAST Transaction System for First American's direct operations may be utilized by Customer in its sole discretion and at
its sole responsibility. First American provides no representations, warranties or assurances as to the legal accuracy, completion, compliance
with title underwriting or legal requirements, or appropriateness to Customer or any underlying transaction.
Restrictions on Use. Unless you have received prior written authorization from Google (or, as applicable, from the provider of particular Content), you must not: (a) copy, translate, modify, or make derivative works of the Content or any part thereof; (b) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Products or Content available to third parties; (c) reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law; (d) use the Products in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data; (e) delete, obscure, or in any manner alter any warning or link that appears in the Products or the Content; or (f) use the Service or Content with any products, systems, or applications for or in connection with (i) real time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user's sensor-enabled device; or (ii) any systems or functions for automatic or autonomous control of vehicle behavior; (g) use the Products to create a database of places or other local listings information.
Content in the Products. Google Maps and Google Earth allow you to access and view a variety of content, including but not limited to photographic imagery, map and terrain data, business listings, reviews, traffic, and other related information provided by Google, its licensors, and its users (the "Content"). Additionally, you may choose to access other third party content made available in the Products through Google services such as Google Gadgets. You understand and agree to the following: (a) Map data, traffic, directions, and related Content are provided for planning purposes only. You may find that weather conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the map results. You should exercise judgment in your use of this Content. (b) Certain Content is provided under license from third parties, including but not limited to TomTom Global Content BV ("TomTom"), and is subject to copyright and other intellectual property rights owned by or licensed to TomTom and/or such third parties. You may be held liable for any unauthorized copying or disclosure of this Content. Your use of TomTom Content, including but not limited to printing or use in marketing or promotional materials, is subject to additional restrictions located in the Legal Notices page.
First American may provide links to third party sites, and allow Licensee to register through the MyFirstAm site to access third party sites. Licensee will be redirected to such third party sites and is bound by the third party terms and conditions. First American disclaims any and all liability associated with, and Licensee's use of, the third party site.
Information deemed reliable, but not guaranteed. Licensee may not directly or indirectly sell, distribute, reverse engineer, or sublicense the
information associated with school information made available on myFirstAm. Licensee shall not use any of the school information provided on
myFirstAm in determining the official legal eligibility of any individual or resident of a particular structure to attend any particular
school or school system, or to use or benefit from any other services provided by or on behalf of any city, town, county, state, or other
governmental entity, or any other service dependent upon residence within a given geographical area. Licensee acknowledges that information
regarding school boundaries, attendance and other demographics change frequently. The information regarding schools in myFirstAm is for general
purposes only, and subject to change throughout the year. School information content is historically based and not intended to predict any
current or future conditions, events, or outcomes; it is not subject to any generally accepted definition or metric and is therefore subject to
individual interpretation. School information may not be available for every area, and may be precluded from representation in certain areas.
First American and its third party supplier(s) shall not be liable to Licensee for any loss, injury, claim, liability or damage of any kind resulting
from or in any way based upon: (a) errors or omissions in the school information, (b) use of the school information by Licensee or any party receiving
the school information from Licensee directly or indirectly, or (c) the school information as provided on myFirstAm.
Disclaimer by Maponics (third party provider): The information presented is simply a score. It is not a predictor of any future event or outcome for
any person or place, but rather is just one method of qualifying character or an area at a particular point in time. It is based on data that may or
may not have been accurate at the time it was compiled. It may or may not represent an accurate or valid assessment of criteria you consider important.
The information ages and becomes less reliable over time. Licensee personally accepts all direct and indirect liability and consequences from any
decisions you make or actions you take with respect to the information provided. The information is provided on an "as-is," "as available," and
"with all faults" basis and First American and our suppliers expressly disclaim all warranties, whether express or implied, with respect to the licensed
content, including without limitation, warranties of merchantability and fitness for a particular purpose, accuracy, quality and performance. No oral
or written information or advice given by First American or our suppliers, including any employees or representatives, shall create a warranty. You
acknowledge that you are not a customer of our suppliers and that you cannot and will not assert any claim against First American or any of our suppliers,
and that by using this data for any purpose, you expressly waive and relinquish any right to assert any claim against First American or our suppliers
arising out of or based upon this information or your use of it for any purpose. Maponics' API web server automatically recognizes computer hostname,
IP address and access key. Maponics collects and records the specific calls/queries conducted, but does not collect any personal information about the
be encrypted via the Secure Sockets Layer (SSL). Maponics considers all such information to be Confidential Information.
Spatial API © 2015 – Duplication is Strictly Prohibited (www.maponics.com).
hereby represents and warrants that: (a) this EULA is the legal, valid and binding
obligation of Licensee, enforceable against Licensee in accordance with its terms,
subject, however, to applicable bankruptcy, insolvency, reorganization, arrangement
moratorium or other similar laws relating to creditors' rights generally; (b) there
is no hindrance, legal, contractual or otherwise, to Licensee's entering into this
EULA and performing its obligations hereunder, and Licensee has the full power and
authority to execute, deliver and perform under this EULA; and (c) Licensee shall
comply with all applicable international, federal, state and local laws in its performance
of its obligations hereunder.
This EULA constitutes the complete
understanding between Licensee and First American with respect to the Site, the
Software and the Licensed Products and, except for any other agreement that Licensee's
employer may have with First American directly, no representation, statement, inducement
oral or written, not contained herein shall bind either Licensee or First American.
This EULA supersedes any and all prior agreements, promises, or inducements, whether
orally or in writing regarding the subject matter of this EULA, with the exception
of any other agreement that Licensee's employer may have with First American directly.
Further, Licensee and First American agree that no promises or agreements made subsequent
to the execution of this EULA shall be binding unless reduced to writing and executed
by Licensee and First American. By clicking on the “I Accept” button below, Licensee
agrees to the terms of this EULA and expressly acknowledges and agrees that First
American is acting as a mere conduit of content supplied by others and, whether
or not First American has undertaken any measures to review the suitability of anything
in or attached to said content, it neither controls nor is responsible for anything
in or attached to that content, including without limitation information, worms,
Trojan Horses, and viruses of any kind.