WELCOME TO myFirstAm^®

CALIFORNIA PRIVACY NOTICE: When you download and use our application, First American may collect and use your personal information. To learn more about the categories of your personal information First American may collect and use, please visit www.FirstAm.com/AppNotice. To learn more about First American’s privacy practices overall, please visit First American’s privacy policy at www.FirstAm.com/Privacy-Policy.

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:

1. Definitions. All capitalized terms, in the plural and in all tenses, shall have the meaning set forth in this paragraph and elsewhere in this EULA:

(a)	“Confidential Information” shall have the meaning set forth in paragraph 7 of this EULA.
(b)	“First American Content” shall have the meaning set forth in paragraph 9 of this EULA.
(c)	“Licensed Products” 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.
(d)	The “Site” 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.
(e)	“Software” 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.

2. Access. 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.

3. Term; termination. 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.

4. Grant of Licenses. 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:

(a)	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;
(b)	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
(c)	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.

5. Acceptable Use. 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.

6. Ownership. 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.

7. Confidentiality. 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 know-how).

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.

8. Audit Rights. 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.

9. Copyrights. 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.

10. Trademarks. 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.

11. Your Content. 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.

12. Links. 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.

13. Disclaimers. 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.

14. No Liability. 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.

15. Indemnification. 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.

16. Injunctive Relief. 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 undertaking.

17. Product and Service Claims. 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.

18. Pricing. 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.

19. Billing. 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.

20. Survival. 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.

21. Data Collection and Use. 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 affiliates or business partners in accordance with our privacy policy, and Licensee may receive information regarding additional products and services. Licensee understands and acknowledges that Licensee's use of the Site and Software is also subject to the terms and conditions of the First American's Privacy Policy, which is available on First American's website located at https://www.firstam.com/privacy-policy/index.html .

22. Document Security. 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 the Software.

23. No Assignment. 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.

24. Severability. 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.

25. Headings. 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.

26. Choice of Law and Forum. 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.

27. Licensed Products Listings. 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.

• Title

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 INSURED PRODUCTS OR SERVICES 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.

• Escrow and Recording

• Property Data and 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.

Agreement Regarding Informational 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:

Limitation of Liability for Informational Report

IMPORTANT – READ CAREFULLY: 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

DOCUMENT IMAGES MAY NOT BE AVAILABLE IN CERTAIN AREAS. PLEASE CONTACT YOUR FIRST AMERICAN REPRESENTATIVE FOR FURTHER INFORMATION.

• Polygon Farming
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 Licensor.

• Mobile Application

• Order information and documents (FAST and EaglePro)
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.

• Google Maps™ content.
The Site includes Google Maps features and content. Licensee's use of Google Maps features and
content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; (2) Google Privacy Policy at
https://www.google.com/policies/privacy/; and (3) Google Maps platform terms at
https://cloud.google.com/maps-platform/terms/.

• Links to sources

• Third Party Links
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.

• School Boundaries
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^®.

28. Additional Representations and Warranties. Licensee 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.

29. Entire Agreement. 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.