Terms of Use

Please read these terms and conditions of use carefully prior to using or obtaining any information, materials or services through this web site.

Use of this web site constitutes acceptance of the terms and conditions of this Agreement.

USE OF WEB SITE

As long as you comply with the terms and conditions of this Agreement, Realty DataTrust Corporation (RDT) grants you a limited, non-exclusive, non-transferable license to use this site. User may not modify, obscure, frame, copy, distribute, re-transmit in any form, publicly display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, text, graphics, software, products, or services or intellectual property obtained from this site. You shall not use this site for any other purposes. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this web site. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this web site. You agree that you will not take any action that imposes a burden or load on our infrastructure that is deemed at our sole discretion to be unreasonable or disproportionate to the benefits obtained from your use of the site.

OWNERSHIP

This web site, its contents, modules, text, graphics, the arrangement and compilation of the content found on this web site and any related intellectual property (including patents and copyrights), is the property or RDT and/or its various third party providers. In addition, the trademarks, logos and service marks displayed on this site are registered and/or common law trademarks of RDT and various third parties. Nothing contained on this site should be construed as granting, by implication or otherwise, any other licenses not specifically disclosed herein or any license or right to use any of the trademarks, logos and service marks without the written permission of RDT, or such other party that may own them.

PRIVACY

You have read our Privacy Policy and agree that the terms of such policy are reasonable. You consent to the use of your personal information in accordance with the terms of and for the purposes set forth in the Privacy Policy.

LINKS

This web site contains links to other third party web sites which are provided solely as a convenience to you and not as an endorsement of the contents of such other web sites. We are not responsible for the content, accessibility or functionality of any other web site and make no representation or warranty regarding any other web sites, or the contents, materials, accessiblityaccessibility or functionality on such web sites. If you decide to access other web sites, you do so at your own risk.

WARRENTY DISCLAIMER

RDT AND ANY OF OUR THIRD PARTY PROVIDERS MAKE, NO WARRANTY OF ANY KIND REGARDING OUR SITE AND/OR ANY CONTENT, DATA, INFORMATION, SERVICES, FUNCTIONALITY OR ACCESSIBLITY PROVIDED ON OUR SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITE. WE EXPRESSLY DISCLAIM AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.

LIMITATION OF LIABILITY

RDT WILL NOT BE, AND OUR THIRD PARTY PROVIDERS WILL NOT BE, RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITE OR OR (B) DOWNLOADING OF MATERIAL FROM OUR SITE, ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITE OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEB SITE OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY THIRD PARTY PROVIDER, EVEN IF WE OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortioustortuous behavior, negligence, or under any other cause of action. If, despite the limitation above, we are or a third party provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then our liability and the third party providers' liability will in no event exceed the liability of RDT and the third party providers shall in no event exceed, in the aggregate, the greater of (a) the related transaction fees charged while using this web site, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to RDT and without any liability whatsoever, RDT at any time and without notice may terminate or restrict your access to any component of this site. Some states do not allow the limitation of liability, so the limitations above may not apply to you.

INDEMNIFICATION

You shall defend and indemnify RDT and any third party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this web site.

RELATIONSHIP

Your use of this web site does not create a joint venture, partnership, employment or agency relationship with RDT or any of our third party providers.

GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the state of Arizona, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Maricopa County, the state of Arizona, United States of America, in all questions and controversies arising out of your use of this site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this web site must be brought within two (2) years from the date on which such claim or action arose or accrued.

ATTORNEY'S FEES

If RDT or its third party providers take any action to enforce this Agreement, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney'sattorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

INJUNCTIVE RELIEF

You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to RDT as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that RDT shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by RDT in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

TERMINATION

RDT may terminate this Agreement and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which RDT and its third party providers may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate.

ASSIGNMENT

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

MODIFICATION

RDT reserves the right to change or modify the terms and conditions of this agreement. Users are responsible for regularly reviewing these terms and conditions. Continued use following any change constitutes your acceptance of such changes.

ADDITIONAL TERMS

You agree to abide by any additional terms and conditions imposed by any of our third party providers with whom you elect to deal, including, but not limited to, payment of all amounts when due and , compliance with all rules, restrictions and leasing terms. You shall be completely responsible for all charges arising out of the use of this web site.

SEVERABILITY

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

HEADINGS

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

ENTIRE AGREEMENT

This Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

Copyright ©2007 Realty DataTrust Corporation. All rights reserved.

Last revised: June 11, 2007