Terms & Conditions

GENERAL TERMS AND CONDITIONS FOR USE OF Data For You MATERIALS

In this agreement (the "Agreement"), the words "you" and "your" refer to the party utilizing the Data For You Materials and the term "Data For You Materials" refers to any Materials or services (including, but not limited to data, research and reference materials) provided by Data For You and/or its affiliated companies.

LIMITED LICENSE: Upon your acceptance of this Agreement and full and proper payment of all amounts due to Data For You, Data For You grants you a personal, nontransferable and nonexclusive license to possess and use the Data For You Materials solely for your direct marketing, research, reference or customer prospecting purposes in strict accordance with the terms of this Agreement. Upon expiration or termination of this Agreement, you shall immediately discontinue your use of the Data For You Materials.

YOUR RESPONSIBILITIES: Except to the extent specifically authorized in writing by Data For You, you cannot share or sell the Data For You Materials and you are responsible to Data For You for any use of it. You agree and warrant that: a) you will not provide access to any portion of the Data For You Materials to any unauthorized party without the prior written consent of Data For You; b) you shall use your best efforts to prevent the misuse and unauthorized use of the Data For You Materials; c) you will not use any Data For You Materials for consumer credit purposes, consumer insurance underwriting, employment purposes, tenant screening purposes, or for any other purpose(s) covered by the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) or any similar statute or regulation; c) you shall not name Data For You or its affiliated companies or refer to the use of Data For You Materials in any advertisements, promotional or marketing material; and d) you shall indemnify and hold harmless Data For You, its affiliated companies and their respective officers, employees and agents ("Indemnified Parties") against any loss, liability, damage, cost or expense (including, but not limited to, reasonable attorneys' fees and legal costs) suffered or incurred by any Indemnified Party, arising out of or in any way related to your use of the Data For You Materials or the breach of this Agreement.

COMPLIANCE MONITORING AND ENFORCEMENT: It is an express condition of this Agreement that in using the Data For You Materials: a) you and any authorized users shall fully comply with the terms of this Agreement and all applicable federal, state, foreign and local statutes and regulations, including, but not limited to, laws and regulations regarding telemarketing, email, fax marketing, customer solicitation and privacy; and b) that you and any authorized users shall comply with all applicable Direct Marketing Association ("DMA") guidelines, if you or your authorized users are DMA members. If you or your authorized users are not DMA members, you and your authorized users are encouraged to comply with all applicable DMA guidelines. Data For You further reserves the right to review materials to be used by you in promotions to ensure that your use of the Data For You Materials is both appropriate and in accordance with the permitted uses of the Data For You Materials; however, Data For You's failure to review any such materials shall not constitute Data For You's acceptance of the materials or in any other way waive any rights Data For You may have or limit any obligations you may have with regard to the use of the Data For You Materials. Data For You may also randomly monitor (through seeding and other means) your use of the Data For You Materials to ensure that your use is in accordance with the permitted uses of the Data For You Materials.

EXCLUSIVE LIMITED WARRANTY AND LIMITATION OF LIABILITY: ALL Data For You MATERIALS ARE PROVIDED ON A STRICTLY "AS IS" BASIS. Data For You DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS OR COMPLETENESS OF THE Data For You MATERIALS AND EXCEPT AS EXPLICITLY PROVIDED FOR BELOW, Data For You EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN LIEU OF ANY AND ALL SUCH WARRANTIES, Data For You OFFERS TO YOU THE FOLLOWING LIMITED WARRANTY. YOU SHALL HAVE 14 DAYS AFTER RECEIPT OF THE Data For You MATERIALS, TO INSPECT IT AND NOTIFY Data For You OF ANY PROBLEMS OR MISTAKES. IF Data For You HAS MADE A MATERIAL MISTAKE, THEN Data For You WILL CORRECT THE MISTAKE AT NO ADDITIONAL CHARGE. IF YOU DON'T NOTIFY Data For You OF ANY PROBLEMS OR MISTAKES WITHIN THE 14 DAY PERIOD Data For You SHALL HAVE NO OBLIGATION WHATSOEVER TO YOU. YOU EXPRESSLY AGREE THAT Data For You SHALL NOT BE LIABLE FOR LOSSES, DAMAGES, OR INJURIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO GENERAL, DIRECT, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES CAUSED IN WHOLE OR IN PART BY THE USE OF THE Data For You MATERIALS WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT OR PURSUANT TO SOME OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE OR SHOULD THIS LIMITED WARRANTY FAIL OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL Data For You'S ENTIRE LIABILITY EXCEED THE TOTAL AMOUNT YOU PAID TO Data For You UNDER THIS AGREEMENT.

GENERAL:

(a)This Agreement shall be governed and construed by the laws of the State of Nebraska, United States of America without regard to any conflicts of law principles. Additionally, any action relating to any provision of this Agreement or your use of the Data For You Materials shall be brought within the jurisdiction of the courts located within Douglas County, Nebraska, United States of America. This Agreement, and the rights and obligations of the parties under this Agreement will not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods. The parties further have expressly requested that this Agreement be drawn up in the English language. Les parties aux présentes ont expressément exige que la présente Convention et ses Annexes soient rédigées en langue anglaise.

(b) The terms and conditions set forth in this Agreement, along with any additional terms which may be provided which relate to the specific Data For You Materials provided constitute the entire agreement between you and Data For You on the subject matter. Any additional or different terms or conditions in any other document, including without limitation any of your purchase orders, shall be of no effect.

(c) This policy may be amended from time to time at the discretion of Data For You.

(d) Without limiting any other remedies it may have at law or in equity, Data For You reserves the right to terminate this Agreement immediately without further notice if Data For You has reason to believe Customer is not complying with this or any other express condition of use.

USE OF THE Data For You MATERIALS PROVIDED CONSTITUTES YOUR CONSENT TO THIS AGREEMENT. DO NOT USE THE Data For You MATERIALS IF YOU FIND THESE TERMS UNACCEPTABLE

Effective Date: May 1, 2005