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END USER LICENSE AGREEMENT YOU MUST READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT BEFORE ACCESSING THE SITE OR THE SOFTWARE WELCOME TO PAYOFFASSIST.COM ("Site") Before you, the Licensee ("you" or "Licensee") 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 products and the software (each as defined below), you must review and agree to the following terms and conditions. THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGALLY BINDING AGREEMENT BETWEEN FIRST AMERICAN PROFESSIONAL REAL ESTATE SERVICES, INC., A CALIFORNIA CORPORATION OPERATING THROUGH ITS PAYOFFASSIST.COM DIVISION ("PAYOFFASSIST.COM") AND YOU CONCERNING THE SITE, THE 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 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 PRODUCTS OR THE SOFTWARE. BY ACCESSING THE PRODUCTS AND/OR SERVICES PROVIDED THOUGH THIS SITE, 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. Access. Provided that Licensee complies with all the terms and conditions of this EULA, PAYOFFASSIST.COM agrees to provide Licensee with access to the Site, the software, and the products in accordance with and subject to the terms of this EULA. Licensee acknowledges and agrees that PAYOFFASSIST.COM 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 products, and all third party products and information that may be included therein. PAYOFFASSIST.COM reserves the right to revise or alter the Site, software and products at any time, in its sole discretion and to cease offering the Site, software, and products. LICENSEE HEREBY AGREES to conduct this transaction by electronic means. You understand that if you refuse to conduct other transactions by electronic means, you must contact PAYOFFASSIST.COM at 800-345-0203. You understand that you are engaging in an electronic transaction and agree to the use, validity and receipt of electronic communications. You consent to entering into this transaction electronically via the Internet, and all subsequent payments. 2. 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, PAYOFFASSIST.COM may immediately terminate this EULA, and terminate Licensee's access to and use of the Site, the software and the products, if PAYOFFASSIST.COM ceases to offer products via the Site, or Licensee fails to comply with any of the terms of this EULA. PAYOFFASSIST.COM may also terminate this EULA, for any reason whatsoever, in its sole discretion. 3. To obtain access to certain services on our Site, you may be required to register. As part of any such registration process, you will be assigned a username and will create a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. PAYOFFASSIST.COM reserves the right to reject or terminate any user name that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account. You must verify all information before placing any orders. Certain information on this Site is a compilation of information from public domain sources and such information is provided on an "as is" basis. PAYOFFASSIST.COM shall not be responsible for errors in such information and/or other defects. Under no circumstances will PAYOFFASSIST.COM be liable for any loss or damage caused by your, or any third party's, reliance on any information obtained through its Site. It is the responsibility of the Licensee to evaluate the accuracy, completeness, or usefulness of any information or services available through this Site. 4. Grant of License. Subject to the terms and conditions of this EULA, and provided that Licensee has paid all applicable fees to PAYOFFASSIST.COM for the use of the Site, and the products and that Licensee has not breached the provisions of this EULA or any other agreement between Licensee and PAYOFFASSIST.COM, PAYOFFASSIST.COM 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 use within Licensee's own organization by Licensee's employees for Licensee's own internal business purposes of identifying and locating the correct lender for a payoff statement, demand, discharge or paid-in-full letter; b. the products, solely for the purposes and subject to the terms set forth herein. The license granted by PAYOFFASSIST.COM to Licensee hereunder (the "License") is conditioned upon Licensee's compliance with the terms and conditions of this EULA. All titles, patents, trademarks, copyright and other proprietary notices of PAYOFFASSIST.COM or a third-party provider must be reproduced on copies of the 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 PAYOFFASSIST.COM's rights and a breach of this EULA. Unauthorized use of the 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 may be logged and monitored. Licensee shall have no expectation of privacy in using the Site. Licensee agrees to use the Site 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 product. Licensee shall not disassemble, create models, analytics, or derivative works of, decompile, manipulate or reverse engineer the Site. Licensee is not permitted to resell any information contained on the Site, including without limitation the products, nor may Licensee use the Site to create, enhance or structure any database for resale or distribution. Licensee shall not use the Site in any way that infringes or misappropriates PAYOFFASSIST.COM 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 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 PAYOFFASSIST.COM customers and authorized third parties. Licensee shall only access the Site 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 PAYOFFASSIST.COM. 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. In no event shall Licensee use the Site, the software or the 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. 6. Ownership. Licensee acknowledges and agrees that, as between Licensee and PAYOFFASSIST.COM, PAYOFFASSIST.COM retains all right, title and interest in and to the Site, including all copyrights, patents, trademarks, trade secrets and all other intellectual property rights in the same. No rights in or to the Site 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 or, the products or other property owned by PAYOFFASSIST.COM as a result of this EULA. 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 initiate strict security measures to prevent the accidental or otherwise unauthorized use or release of any and all proprietary and confidential information of PAYOFFASSIST.COM 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 products; third party products and information lists of actual or potential third party customers or suppliers; sales and marketing information; and all other written or oral information relating to the business or affairs of PAYOFFASSIST.COM 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 PAYOFFASSIST.COM, 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 PAYOFFASSIST.COM, 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 products are proprietary, protected by copyright and trade secrets of PAYOFFASSIST.COM, and the restrictions on use and disclosure of the Site, the software and the products 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 products) in any manner other than as specifically stated herein. In the event that a breach of these confidentiality terms occurs, in addition to PAYOFFASSIST.COM's right to terminate the EULA, PAYOFFASSIST.COM 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 PAYOFFASSIST.COM with respect to any claims concerning, any violations arising hereunder caused by individuals which Licensee has provided access to, both directly and indirectly. 8. 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, the Site is owned and copyrighted by PAYOFFASSIST.COM. No ownership rights are being granted to Licensee by this EULA. Subject to the limited License provided herein, PAYOFFASSIST.COM 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 PAYOFFASSIST.COM or its affiliates as well as the software is owned by or licensed to PAYOFFASSIST.COM or its affiliates (collectively, the "PAYOFFASSIST.COM Content"). PAYOFFASSIST.COM and its licensors reserve and retain all copyright, intellectual property and other proprietary rights in and to the PAYOFFASSIST.COM Content, including without limitation, all rights in any public information gathered as a compilation. All PAYOFFASSIST.COM 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 PAYOFFASSIST.COM Content is strictly prohibited and may subject you to prosecution. Licensee acknowledges that all information accessed through the Site is proprietary information of PAYOFFASSIST.COM 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 PAYOFFASSIST.COM 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 PAYOFFASSIST.COM Content may be used solely for limited non-commercial informational purposes only as necessary to do business with PAYOFFASSIST.COM or for evaluating or purchasing PAYOFFASSIST.COM's products and services. PAYOFFASSIST.COM Content may not be reproduced, licensed, copied, displayed, published, sold, modified, transmitted or distributed without PAYOFFASSIST.COM's prior written permission which may be withheld in PAYOFFASSIST.COM's sole discretion. Linking to and/or framing the Site is strictly prohibited unless PAYOFFASSIST.COM 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 PAYOFFASSIST.COM's consent to other uses of the Site or PAYOFFASSIST.COM Content, may send their request by e-mail to the PAYOFFASSIST.COM Webmaster. All other uses of the Site and/or the PAYOFFASSIST.COM Content not expressly addressed in this EULA are strictly prohibited. 9. Trademarks. PAYOFFASSIST.COM 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 PAYOFFASSIST.COM include without limitation PAYOFFASSIST.COM? ("PAYOFFASSIST.COM Marks"). Any use of the PAYOFFASSIST.COM Marks requires prior approval in writing by PAYOFFASSIST.COM which may be withheld in PAYOFFASSIST.COM's sole discretion. The "look and feel" of PAYOFFASSIST.COM's Site and the contents thereof, including without limitation, the PAYOFFASSIST.COM 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 PAYOFFASSIST.COM Marks or trade dress, including the elements that constitute the "look and feel" of the Site. 10. Content. This Site is for general informational purposes only. Although PAYOFFASSIST.COM makes reasonable efforts to ensure that any information we post to this Site is both timely and accurate, errors may appear from time to time. This Site may not be updated daily, and certain information may not be the most current information available. Before you act on information found on our Site, you should independently confirm any facts that are important to your decision. 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 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 PAYOFFASSIST.COM 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, 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 products. Licensee agrees to indemnify, defend and hold PAYOFFASSIST.COM, 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 your breach of any provision of this EULA or Licensee's use of the Site, the software or the 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. 11. Links. PAYOFFASSIST.COM is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. A link to another Site does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by PAYOFFASSIST.COM or its licensors. We do not permit framing or inline linking to our Site or any portion of it. Where PAYOFFASSIST.COM provides hypertext links to other Internet websites on the Site, it does so for informational purposes only, and such links are not endorsements by PAYOFFASSIST.COM of any products or services on such sites. PAYOFFASSIST.COM does not accept, and shall not incur, any liability for such products or services and makes no endorsement or approval of the same. 12. Disclaimers and Limitation of Liability. THE PAYOFFASSIST.COM INFORMATION, INCLUDING WITHOUT LIMITATION ANY DATA, PRICES, AND QUOTATIONS CONTAINED HEREIN, ARE SUBJECT TO CHANGE WITHOUT NOTICE AND THEY DO NOT CONSTITUTE AN OFFER, BUT ARE MERELY INFORMATIONAL AND FOR YOUR CONVENIENCE. THE PAYOFFASSIST.COM INFORMATION IS PROVIDED TO YOU "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY OR OTHERWISE. THE MATERIALS MAY CONTAIN ERRORS OF PUBLICATION OR TRANSMISSION. PAYOFFASSIST.COM SPECIFICALLY DISCLAIMS ANY LIABILITY (WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER FORESEEABLE OR NOT) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THIS SITE OR ASSOCIATED WITH COMPUTER VIRUSES WHICH MAY INFECT A USER'S COMPUTER. PAYOFFASSIST.COM makes no warranties or representations as to the accuracy of content on the Site. Your use of and browsing in the Site are at your risk. NEITHER PAYOFFASSIST.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. PAYOFFASSIST.COM also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. 13. Indemnification. In addition to other indemnification obligations provided in this EULA, Licensee agrees to indemnify and hold PAYOFFASSIST.COM, 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 PAYOFFASSIST.COM Content and the products by Licensee) except as expressly provided herein, or attributable to Licensee's breach of this EULA; provided that PAYOFFASSIST.COM gives Licensee prompt written notice of any such claim. PAYOFFASSIST.COM shall control the defense and any settlement of such claim, and Licensee shall cooperate with PAYOFFASSIST.COM in defending against such claim. 14. 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 PAYOFFASSIST.COM to injunctive relief as such violation will cause irreparable harm to PAYOFFASSIST.COM. If Licensee infringes or misappropriates any of PAYOFFASSIST.COM's intellectual property rights or violate the provisions set forth herein, PAYOFFASSIST.COM may not have adequate remedy in money or damages. Accordingly, in addition to other remedies provided by law or this Agreement, PAYOFFASSIST.COM 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 PAYOFFASSIST.COM's right to seek further remedies at law or in equity and in connection with the issuance of an injunction, PAYOFFASSIST.COM shall not be required to post a bond or provide an undertaking. 15. Product and Service Claims. Licensee shall provide prompt notice to PAYOFFASSIST.COM, and a reasonable opportunity to cure, any known error, omission or mistake that may result in a claim against PAYOFFASSIST.COM regarding the Site (including the PAYOFFASSIST.COM Content), or the 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. In the event that Licensee does not perform according to the requirements of this paragraph, PAYOFFASSIST.COM will not be liable. Licensee must also provide sufficient documentation, as deemed by PAYOFFASSIST.COM, to evidence its out-of-pocket, actual monetary loss. 16. Any notice or other communication required or permitted under this EULA shall be sufficiently given if delivered in person or sent by one of the following methods: (i) registered U.S. mail, return receipt requested (postage prepaid); (ii) certified U.S. mail, return receipt requested (postage prepaid); or (iii) commercially recognized overnight service with tracking capabilities. Notices to PAYOFFASSIST.COM shall be sent to 3 First American Way, Santa Ana, CA 92707 with a copy to PAYOFFASSIST.COM's counsel at 3 First American Way, Santa Ana, CA 92707 marked Attention: Legal Department. Notices to Licensee shall be sent to the address entered by Licensee in the registration information. Notices or communications shall be deemed properly delivered as of the date personally delivered or sent by mail or overnight service. 17. Customer agrees to notify PAYOFFASSIST.COM promptly of any changes in registration information, including number of licenses, mailing address, telephone numbers, etc. by facsimile to (866) 589-8411, by mail to 3 First American Way, Santa Ana, CA 92707 or by e-mail to poa.customerservice@payoffassist.com. 18. Pricing. In consideration of obtaining access to and use of the Site (including the PAYOFFASSIST.COM Content), Licensee agrees to be bound by the terms and conditions of this EULA throughout the Term, and to pay the applicable fees for the products that Licensee elects to purchase, 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. Licensee shall provide all telephone lines, charges, and hardware or software necessary to access the Site. 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 PAYOFFASSIST.COM 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 PAYOFFASSIST.COM and Licensee, payment for all charges is due within forty-five (45) 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 forty-six (46) or more days past due, access or shipment will be automatically disabled until all past due charges are paid. 20. Survival. Upon the termination of this EULA, or the discontinuance of use of the Site, paragraphs 3, 5, 6, 7, 9, 10, 11, 13, 14, 15, 16, 22, and 28 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. PAYOFFASSIST.COM 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, PAYOFFASSIST.COM 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 PAYOFFASSIST.COM's affiliates or business partners in accordance with our privacy policy, and Licensee may receive information regarding additional products and services. By agreeing to this EULA, Licensee agrees it is also subject to the terms and conditions of the PAYOFFASSIST.COM's Privacy Policy, which is available on the website located at https://www.firstam.com/privacy-policy/index.html. 22. Document Security. PAYOFFASSIST.COM 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 PAYOFFASSIST.COM 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 PAYOFFASSIST.COM's prior written consent which may be withheld in PAYOFFASSIST.COM'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 PAYOFFASSIST.COM 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 PAYOFFASSIST.COM 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. 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. 28. Entire Agreement. This EULA constitutes the complete understanding between Licensee and PAYOFFASSIST.COM with respect to the Site, the software and the products and, except for any other agreement that Licensee's employer may have with PAYOFFASSIST.COM directly, no representation, statement, inducement oral or written, not contained herein shall bind either Licensee or PAYOFFASSIST.COM. 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 PAYOFFASSIST.COM directly. Further, Licensee and PAYOFFASSIST.COM 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 PAYOFFASSIST.COM. By clicking on the "I Accept" button below, Licensee agrees to the terms of this EULA and expressly acknowledges and agrees that PAYOFFASSIST.COM is acting as a mere conduit of content supplied by others and, whether or not PAYOFFASSIST.COM 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. By clicking on the "I Agree" button, or accessing the Site, the software or the products, you acknowledge that you have read this EULA and hereby accept and agree to be bound by its terms.

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