We respect your privacy and recognize the importance of protecting information collected from you through our Web site, related data, and / or related services (collectively, the "Services"). This policy describes the types of information Terabitz gathers from users of the Terabitz Web site at www.terabitz.com and how that information is used. Please read this policy carefully before you provide us with any personal information. If you have questions about this policy, please email us at privacy@terabitz.com.

1.1 We log your IP address in order to help diagnose problems with our server, administer our Web site and track usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on whether you access our site through an always-on type of Internet connection (e.g., cable modem or DSL), or through a dial-up connection (e.g., AOL or Earthlink). If you reached our site by clicking on a link or advertisement on another site, then we also log that information. This helps us maximize our Internet exposure and understand our users' interests. All of this information is collected and used in the aggregate; that is, it is entered into our database, where we can use it to generate overall reports on our visitors, but not individual reports that identify you personally.

1.2 We also place a small text file known as a "cookie" on your computer's hard drive. A cookie may contain information that allows us to track your path through our Web site and to determine whether you have visited us before. However, unless you register with us, it contains no personally identifiable information that would allow us to identify you. Cookies cannot be used to read data off of your hard drive, and cannot retrieve information from any other cookies created by other Web sites. We use cookies in this manner to help us understand how visitors use our site, and to help us to improve our site. you may refuse to accept a cookie from us by following the procedures specific to your Web browser. Although you may do so, you may find that your browser reacts strangely when visiting not only our Web site, but other Web sites as well.

1.3 We may use Web beacons on our site or other sites and may permit third parties to place them on our site to monitor the effectiveness of advertising or for other legitimate purposes. A Web beacon, also known as a "Web bug," is a small, graphic image on a Web page, Web-based document or in an e-mail message that is designed to allow the site owner or a third party to monitor who is visiting a site. Web beacons are often invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document or e-mail message. Web beacons collect the IP address of the computer that the Web beacon is sent to, the URL of the page the Web beacon comes from and the time it was viewed. Web beacons can also be linked to personal information. For example, advertising networks use Web bugs to add information to a personal profile of what sites a person is visiting and to determine what banner ads to display based on the profile. Another use of Web bugs is to provide an independent accounting of how many people have visited a particular Web site. Web bugs are also used to gather statistics about Web browser usage at different places on the Internet.

1.4 We also give you the option to give us your email address and other personal information so we can send you relevant residential real estate news and information on behalf of Terabitz, our affiliates or third parties. If you choose to provide us with your email address in this manner, you will be deemed to have agreed to the use of your email address by us and our affiliates in conjunction with the Services.

3.1 Terabitz does not rent, sell or share personal information about you with non-affiliated companies or people except when we have your consent to do so, as necessary to complete a transaction you have requested, for marketing purposes (unless you have chosen not to receive such communications, in certain business transactions), when required by law or when permitted to protect our rights or property. We reserve the right to use in any manner and disclose any non-personal information that we collect including cookie and traffic data. We do not combine personal information with any of the non-personal information gathered on our site.

3.2 We may release personal information when we believe release is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply our policies; to initiate, render, bill, and collect for amounts owed to us; to protect our rights or property, or to protect our users from fraudulent, abusive, or unlawful use of, our site or Services; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

3.3 We may use third party service providers to assist us with the administration of the site or otherwise perform services on our behalf, including transaction processing and sending email. Such third parties may be supplied with or have access to your personal information solely to provide services to us or on our behalf.

3.4 We may use third parties, called third-party ad servers or ad networks, to deliver ads to you on our behalf. These third-party ad servers may collect and use non-personally identifiable information about your visits to our site in order to present advertisements that may be of interest to you. If you would like more information about this practice or to opt out of having this information used by third-party ad servers to provide targeted ads, please visit http://www.networkadvertising.org/optout_nonppii.asp.

3.5 Information about our users and the site is a business asset of Terabitz. Therefore, information about our users, including personal information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the site, our Services or fulfill products, sale or pledge of company assets as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company.

4.1 We use commercially reasonable security measures to protect the loss, misuse, and alteration of the information under our control. However, we cannot guarantee the protection of information against interception, misappropriation, misuse, or alteration or that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others.

4.2 The Terabitz website may contain links to other websites. You should be aware that we have no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services. Terabitz is not responsible for the privacy practices or content of those other websites

5.1 We reserve the right to change this policy. If we make significant changes that affect the use or disclosure of your personal information, we will make reasonable efforts to notify you of the changes and to give you the opportunity to cancel your registration.

This agreement is made between Terabitz, Inc. a Delaware corporation (the "Company" or "Terabitz") and you ("You" or "End User").

1.1 "Content" refers to all of the contents on the Terabitz Website, including, but not limited to, all information, text, messages, images, photos, illustrations / graphics, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements, search results, and the selection, arrangement and compilation of information.

1.2 "Services", "Site", or "Website" refers to terabitz.com and all associated web pages.

1.3 "Terms" refers to these Terms and Conditions as set forth herein.

1.4 "End User" or "You" refers to persons who access or use terabitz.com, the Website and Services.

1.5 "We", "Us" and "Our" refer to the Company, the owner and operator of this Website.

2.1 YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES. BY PURCHASING, USING OR ENJOYING THE SERVICES ON terabitz.com, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BE MODIFIED BY YOU. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM.

2.2 Company may change, add to or delete these Terms or any portion thereof from time to time at its sole discretion, without notice to You.

3.1 Company provides the Services to You, subject to and under these Terms. You agree that Company may in its sole discretion and at any time terminate your access to and use of the Services, or any part thereof, and to block or prevent future access to and use of the Services, with or without notice. You further agree that your right to use the Services shall be immediately terminated if you violate these Terms. In addition, Company reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

3.2 The Services may also be located on third-party websites and / or applications either as a link from an add-on service to, or otherwise in connection with, websites and / or applications that such third-parties control. These third-party sites are not under the control of us. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. We are not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third-parties. Please note that you may be subject to additional and / or different terms, conditions, and privacy policies when you use Services or Content on any third-party websites.

3.3 Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any third party will sell any product or service for any purpose or price or on any specific terms. Company does not guarantee the price, terms, product, availability and / or services offered by any third party. For all of the Services, Company is not involved in any transactions between you and any third party, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by such third party. You are responsible for confirming the sufficiency and reliability of any third-party Services, and you hereby release Company from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on End User-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.

3.4 You acknowledge that Company is an agent acting on behalf of You to gather information relevant to the services and that Company is not a real estate broker, mortgage broker or mortgage lender, and Company does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.

4.1 Personal use only. You agree to access or use the Website and Services only for lawful purposes that are permitted by these Terms. You agree and acknowledge that your access to and / or use of the Website and the Services is for personal, NONCOMMERCIAL PURPOSES only. That is, you agree and acknowledge that your use of the Website and Services is to find information related to the purchase or potential purchase by you of a home listed on terabitz.com or in furtherance of an inquiry of a personal, noncommercial nature, rather than as a commercial enterprise for a third-party or to enhance, promote, or otherwise further a commercial enterprise of your own. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Website only as necessary for your personal use to (a) view, (b) save, and (c) print, fax or e-mail it.

4.2 Registration. In consideration of your use of Terabitz, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the services offered by Terabitz, Inc., and its subsidiaries or affiliated companies ("Terabitz"). You are responsible for maintaining the confidentiality of your Terabitz account password, and are responsible for all activities that occur under your account. You agree to immediately notify Terabitz of any unauthorized use of your password or account or any other breach of security. Terabitz cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.2. Terabitz reserves the right to refuse service to anyone at any time without notice for any reason.

4.3 No resale, distribution, or scraping permitted. Except with prior written permission from Company, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, decompile, disassemble, reverse engineer, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of End Users, databases or other lists, products or services provided through or obtained from the Website and Services, including without limitation, engaging in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of End Users or other information.

4.4 Lawful and civil use. You agree not to use the Services in any way that is unlawful, or harms Company, terabitz.com, its service providers, suppliers or any End User. You agree not to damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You agree not to use the Services in any way that breaches any code of conduct, policy or notice on the Services. Except with the prior written permission of Company, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Services.

4.5 Submitting Content Terabitz claims no ownership or control over any Content submitted, posted or displayed by you on or through Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Services which are intended to be available to the general public, you grant Terabitz a worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, publish, and otherwise use, with or without attribution such Content on Website solely for the purpose of displaying, distributing and promoting Services. This license terminates when such Content is deleted from Terabitz. Terabitz reserves the right to syndicate Content submitted, posted or displayed by you on or through Terabitz and use that Content in connection with any of the services offered by Terabitz. You represent and warrant that you hold all necessary rights (including without limitation any copyright, trademark, patent, publicity or other rights) in the Content.

4.6 No linking. Except with the prior written permission of Company, you agree that you will not create links from any website or web page to any page within the Website and Services. The origin of any link to any page within the Website must be accompanied by a clear and prominent attribution indicating that the link is connected to the terabitz.com home page. By creating a link to the Website, you agree that (a) you will not employ any technology that results in the placement of the Content or Services in a frame and / or a reduced pop-up window and / or any other display mechanism which changes appearance of the Content and / or Services from how they would appear if a End User typed the URL in a typical browser line; (b) your site shall not display content or link to other websites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive; (c) you have duly registered your domain name and possess all rights necessary to use the same; and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a End User's access to or use of the Services. Company reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that Company so requests.

4.7 Automated Queries. These Terms do not provide you a license to use, reproduce, resell, distribute, display or provide access to any portion of the Services on third-party websites. Nonetheless, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human End Users. Company reserves the right to restrict automated queries further, for example, by correspondence to parties making queries or by use of robots.txt.

4.8 Google Maps. By using Google Maps and any data or information accessed from Google Maps, you agree to be bound by the Google Terms of Service as well as the Google Maps Terms of Service.

5.1 The Services and Content are owned by Company and / or third-parties with all rights reserved unless otherwise noted. You are granted a limited, non-sublicensable right to access the Website solely for informational, personal and non-commercial purposes (including printing individual pages from the Website provided that you retain all copyright and other proprietary notices contained thereon) in accordance with these Terms. You are strictly prohibited from downloading (other than page caching), modifying, or making any other use of the Services or Content, except with prior written consent of Company. You understand that all third-party Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the third-party originator of such Content. Content is provided through the Website AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Company be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services. You acknowledge that Company does not screen or approve third-party Content, and that Company shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available via the Services, for any reason.

5.2 The foregoing license grant does NOT include the right for you to:

5.2.1 Publish, publicly perform or display, or distribute to any third-party any Content, including reproduction on any computer network or broadcast or publications media;,

5.2.2 Market, sell or make commercial use of the Services or any Content;,

5.2.3 Systematically collect and use the Content, including through the use of any data spiders, robots, or similar data gathering, mining or extraction methods;,

5.2.4 Use, frame or utilize framing techniques to enclose any portion of the Content or Services;,

5.2.5 Make derivative uses of the Services or the Content; or,

5.2.6 Remove or modify any copyright or other intellectual property notices that appear in the Services or Website.

5.3 Except for the limited license granted to you under these Terms, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third-party. Any unauthorized use of the Services will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

5.4 Company does not assert copyright or grant any rights to the underlying images, or descriptions of real estate listings that may be contained in our search results and that we derive from a third-party website. Company uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct you to the originating website. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. Company does assert copyright and reserves all right to the search results and associated compilations.

6.1 "Terabitz" and our logos are either trademarks, service marks or registered trademarks of Company or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other hidden text utilizing "Terabitz" or any other name, trademark, or product name of Company without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Company names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

6.2 By submitting Content to Terabitz, you authorize Terabitz to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with Terabitz's authorized distribution of the Content.

7.1 THIS SITE, THE CONTENT, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, SERVICES, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT CONTENT ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

7.2 This site includes content based on information provided by state law enforcement agencies that was gathered from persons required under state law to register as sex offenders and provide certain information. Because information can change quickly and there may be gaps in the data we receive, the Company makes no representation, either express or implied, that such information is complete or accurate. Extreme care should be taken in using the information provided; mistaken identification may occur when relying solely upon the information that may be reflected in the content of this web site. States have varying criteria for defining who is a sex offender and who must register under the respective state laws; as a result, the content on this site reflects varying levels of information about sex offenders. The Company makes any warranty or representation that the information reflected for one state is equivalent to that reflected for another state.

8.1 IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE CONTENT OR SERVICES.

9.1 These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Company failure to exercise or enforce any right or provision of the Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10.1 Any controversy or claim arising out of or relating to these Terms or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Santa Clara County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Company or you may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Clara County, California, as necessary to protect the rights or property of you or Company.

Agreement This Agreement (the "Agreement") is made between Terabitz and User.The Agreement governs the terms and conditions for advertising on the Broker website http://www.terabitz.com

I vendor contact details Vendor is responsible for notifying Broker of changes to the

II Exclusivity. Vendor agrees and understands that Broker will provide the Service on a nonexclusive basis

III Privacy Policy. Broker's collection and use of personal information is governed by Broker's Privacy Policy, available on its website. Vendor understands and agrees that Broker may access, preserve, and disclose Vendor personal information and the contents of Vendor account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Broker, its affiliates or the public. Personal information collected by Broker may be stored and processed in the United States or any other country in which Broker or its agents maintain facilities. By using the Service, Vendor consent to any such transfer of information outside of Vendor country.

IV Warranties and Disclaimer.

A. Broker Disclaimer of Warranties. BROKER MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE AND BRAND FEATURES. THE SERVICE AND BRAND FEATURES ARE DISTRIBUTED AND PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. BROKER DOES NOT WARRANT THAT THE BROKER SERVICE AND BRAND FEATURES WILL MEET CUSTOMER REQUIREMENTS OR THAT PERFORMANCE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING ANY ERRORS OR OMISSIONS IN THE SEARCH RESULTS OBTAINED THROUGH USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL BROKER BE LIABLE TO CUSTOMER FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).

B. Vendor Warranties. Vendor warrant that: (1) all information provided by Vendor to Broker in connection with the Service is true and accurate; (2) Vendor has full power and authority to enter into the Agreement; (3) Vendor will seek all necessary governmental approvals required to effectuate the Agreement; and (4) Vendor shall perform all of Vendor obligations under the Agreement in accordance with applicable laws

V Indemnification. Vendor will indemnify, defend, and hold Broker harmless from any third party lawsuit or proceeding brought against Broker based upon a claim that would constitute a breach of any warranty, representation or covenant made by Vendor under the Agreement, including but not limited to any third party lawsuit or proceeding brought against Broker based upon a claim that the Content, Site, or Vendor Brand Features infringe any copyright, trade secret or trademark of the third party. Vendor indemnification will include (1) all attorneys' fees and costs associated with the defense of such a claim, (2) all damages and costs finally awarded, and (3) the full cost of any settlement entered into by Vendor. Broker shall (1) notify Vendor of any such claim, (2) provide Vendor with reasonable information, assistance and cooperation in defending the lawsuit or proceeding (to the extent requested by Vendor), and (3) give Vendor full control and sole authority over the defense and settlement of such claim. Vendor will not enter into any settlement or compromise of any such claim without Broker's prior consent, which shall not be unreasonably withheld.

VI Limitation of Liability. BROKER SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY THEORY OF LIABILITY INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY. THIS LIMITATION SHALL APPLY EVEN IF BROKER WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER

VII Term and Termination.

A. Term. The term of the Agreement commence on the date Termination. Broker may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may terminate Vendor use of the Service at any time. In addition, either party may terminate the Agreement at any time, for any reason, or for no reason including, but not limited to, if Vendor engages in any action that reflects poorly on Broker or otherwise disparages or devalues the Broker Brand Features or Broker's reputation or goodwill

B. Rejection of Application. Broker shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Agreement between Vendor and Broker. Broker shall not be liable to Vendor for damages of any sort resulting from its decision to reject such a request.

C. Effect of Termination. Upon the termination of the Agreement for any reason (i) all license rights granted herein shall terminate and (ii) Broker will have the right to remove any of Vendor brand, data, content or other identifiable information from the website

D. Survival. In the event of any termination or expiration of the Agreement for any reason, Sections IV, V, VI, VII, VIII(D), VIII(E), VIII(F) and X shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Agreement in accordance with its terms.

E. Remedies. Vendor acknowledges that Vendor breach of service/license restrictions contained herein may cause irreparable harm to Broker, the extent of which would be difficult to ascertain. Accordingly, Vendor agree that, in addition to any other remedies to which Broker may be legally entitled, Broker shall have the right to seek immediate injunctive relief in the event of a breach of such sections by Vendor or any of Vendor officers, employees, consultants or other agents.

VIII Miscellaneous

A. Any notice to Broker required for or permitted by the Agreement shall be in writing and shall be delivered as follows with notice deemed given as indicated: (i) by personal delivery when delivered personally, (ii) by overnight courier upon written verification of receipt, or (iii) by certified or registered mail, return receipt requested, upon verification of receipt. Vendor may not assign Vendor rights or delegate Vendor obligations under the Agreement without Broker's prior written consent

B. The Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any dispute or claim arising out of or in connection with the Agreement shall be adjudicated in Santa Clara County, California

C. The parties are independent contractors. Neither party shall be deemed to be an employee, agent, Vendor or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other

D. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, acts of God, war, terrorism, governmental action, or any other cause, which is beyond the reasonable control of such party

E. Vendor shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of Vendor obligations under the Agreement.

F. The failure of Broker to require performance by Vendor of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Broker of a breach of any provision hereof be taken or held to be a waiver of the provision itself

G. If any provision of the Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of the Agreement shall remain in full force and effect. THE AGREEMENT CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF. THE AGREEMENT SUPERSEDE, AND THE TERMS OF THE AGREEMENT GOVERN, ANY OTHER PRIOR OR COLLATERAL AGREEMENTS WITH RESPECT TO THE SUBJECT MATTER HEREOF