LEGAL NOTICE AND END USER LICENSE AGREEMENT

legal notice

This Integrated Imaging, LLC ("Integrated") Legal Notice and End User License Agreement ("this Agreement") sets out the terms and conditions under which Integrated makes itís QuestXPress information, services and products available on this web site (www.questxpress.com). For purposes of this Legal Notice and Agreement, use of the term "User" refers to any person or entity using this web site for any purpose whatsoever including, but not limited to, the posting of information, the viewing, uploading, downloading, printing or re-distribution of any images, data or documents in any manner whatsoever.  The term "User" includes, but is not limited to, abstractors, title search individuals and companies, title companies, banks, lending houses, mortgage companies, clerks of court, and any person or company regardless of whether such person or company is involved in the Real Estate industry.  By accessing this site, the "User" agrees to all the terms and conditions set forth in this Legal Notice and Agreement, hereinafter referred to as "Notice."  User hereby acknowledges and agrees that Integrated reserves the right to change the terms and conditions, the products, services, prices and programs mentioned on this site at any time, at its sole discretion and without notice. Integrated reserves the right to seek all remedies available to it by law and in equity for any violation of the terms and conditions contained herein.  All rights not expressly granted herein are herein reserved.

copyright information

The QuestXPress name, all information and materials appearing on this web site, including without limitation any and all web site text, web site layout and design features, and menus are protected by U.S. and International copyright laws. Ownership of said information and materials ("the Integrated Copyrighted Information") lies exclusively with Integrated and its affiliates, and except as specifically permitted, no portion of this web site or the Integrated Copyrighted Information may be distributed or reproduced by any means, or in any form, without Integrated's prior written permission.

COPYRIGHT NOTICE:

© 2005 Integrated Imaging, LLC, 424 Campbell Avenue, SW, Roanoke, Virginia 24016, USA. All rights reserved.

The copyrights in any and all orders, data, and related client and vendor information ("Orders") that may be accessed through this web site are owned by the original author, or creator of the work ("Submitter"), as the case may be, and may only be reproduced pursuant to the terms and conditions of this Notice.  The original Submitters of the Orders have made the Orders available to specified Users of the QuestXPress web site pursuant to this Agreement and with the understanding that such Orders will be used solely to facilitate the title search process. Integrated assumes no responsibility for the reproduction, distribution, modification or use of Orders other than in accordance with the terms and conditions of this Agreement.

In the event that User fails to honor or violates the rights of the owner(s) of the Orders or copies or facilitates the copying of said Orders for reasons unrelated to abstracting or title search, User shall be directly liable to the Submitter(s) or owners of the Orders and shall defend, cover, hold harmless and indemnify Integrated, its officers, directors, employees, agents and subcontractors from and against any claim, demand, expense, loss, or cause of action of or to third parties, arising out of or relating to such conduct. User shall also defend, cover, hold harmless and indemnify Integrated from and against any claim, demand, expense, loss or action of or to third parties, in the event that User fails to honor any other intellectual property rights owned by third parties.

The QuestXPress website, software and accompanying documentation available to download from this web site are protected by U.S. and International copyright laws.  Use of this website and software is governed by the terms of this Agreement, which accompanies such website and software. If no End User License Agreement accompanies the use of the website and software,† the terms of the license agreement that accompanied the original† contract† will govern. User will not be able to use, download, or install any software or the website unless User agrees to the terms of the End User License Agreement or any other license agreement as may be indicated in the respective software notices provided with the software.

use of web site information

Access, viewing, printing and distribution of order information on this web site, including but not limited to abstracting and title search orders, is specifically permitted subject to the following terms and conditions:

1.       User shall comply with all laws, regulations and customary practices of the jurisdiction in which User resides or conducts business ("the Project Jurisdiction"). User shall also comply with any and all requirements imposed by the Submitter of the Order, including, but not limited to, any licensing requirements.

2.       Access codes, including user names and passwords, are for the benefit of the original recipient of the access codes, shall be kept strictly confidential, and shall not be disclosed to anyone without the express prior written consent of Integrated.  The Submitter may, however, give access passwords to their clients, employees and private vendors to enable access to the Submitterís site for the purpose of working, viewing and printing.

3.       Orders and related data and images provided through this web site contain materials owned by the Submitter, which are protected under U.S. Copyright Law Title 17, United States Code, and International law. The delivery of Orders, or related information to User or any third party recipient ("Third Party Recipient") in any way from this site constitutes a non-exclusive limited license to use said Orders or related information only for the specific purpose of performing abstracting and title search services for the Real Estate industry.

4.       By agreeing to the terms and conditions of this Notice, User hereby acknowledges that Integrated does not offer or provide professional abstracting, title search, or other services requiring professional certification, and in no way warrants or represents to public or private Users the viability, quality, accuracy or soundness of any Order or other project information that may be accessed through this web site. If User requires abstracting or title search services, or other professional assistance, the services of a competent professional person should be sought.

5.       Integrated shall not be liable for the quality, soundness, accuracy or viability of any information appearing on this web site.

6.       The User is responsible for consulting the Submitter and the QuestXPress web site for any updates, revisions, addenda, or amendments to the original Order that may reflect any changes in the specification of the work following the preparation date of the original Order. The User acknowledges that he/she is responsible for obtaining and viewing all Orders. User agrees to hold Integrated harmless and to indemnify Integrated from any claims, damages, losses or expenses whatsoever, arising out of or resulting from User's failure to obtain and view all Order documents and data, including but not limited to updates, revisions, addenda or amendments to the original Order.

7.       For purposes of this Notice and the Agreement, the term "Order" does not include logos, graphics, sounds or images on this web site, which may only be reproduced or distributed with the express written consent of Integrated.

warranties and disclaimers; liability limitations

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN THE USER AND INTEGRATED, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

INTEGRATED ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE OR FOR INTERRUPTIONS IN SERVICE.

IN NO EVENT SHALL INTEGRATED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA, OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THE USE OF ORDERS AND DATA OR INFORMATION OR THE PERFORMANCE OF THIS WEB SITE, WHETHER OR NOT INTEGRATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER ACKNOWLEDGES THAT INTEGRATED IS ACTING SOLELY AS A CONDUIT TO FACILITATE DISTRIBUTION OF THE ORDER AND RELATED INFORMATION BETWEEN THE SUBMITTER AND THE USER AS WELL AS BETWEEN THE USER AND THIRD PARTY RECIPIENTS OF THE ORDER AND RELATED IMAGES.

 

THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN, HOWEVER, USER HEREBY ACKNOWLEDGES THAT INTEGRATED MAKES NO COMMITMENT AND HAS NOT OBLIGATION TO UPDATE MATERIALS ON THIS SITE.

products and services availability

This web site can be accessed from countries around the world and may contain references to Integrated services, programs, and products that have not been announced in your country. These references do not imply that Integrated intends to announce such services, programs, or products in your country.

Integrated will make commercially reasonable efforts to make sure that QuestXPress website is up and running 24 hours a day, 7 days a week. However, user acknowledges that QuestXPress website availability may sometimes be interrupted by: weather events (acts of God), hardware and software problems (whether internal to Integrated or third party providers, and software and hardware upgrades, installations and maintenance, as well as many other unforeseen possibilities. Integrated will make commercially reasonable effort to keep the website up and running and in the event of the website going down, Integrated will make commercially† reasonable efforts to get the website back uppromptly.† USER, HOWEVER, ACKNOWLEDGES THAT IN NO EVENT SHALL INTEGRATED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM THE QUESTXPRESS WEBSITE BEING UNACCESSIBLE FOR ANY AMOUNT OF TIME FOR ANY REASON.

Faxing service

The† facsimile service offered through QuestXPress ("Fax Service") is a free, complimentary service that Integrated offers at no charge to Users. This Fax Service is not part of the fee that Users pay to run their Orders through the QuestXPress website. The Fax Service consists of one shared fax (phone) line accessed by all Users. Use of the Fax Service is on a first come, first served basis with subsequent faxes being queued up and sent out based upon the Order in which the faxes were placed. This Fax Service is for faxes sent within the Continental United States only. Any faxes sent outside of the Continental United States will result in the User who sent the fax being charged for the cost of the fax plus a $10.00 (USD) usage fee. Integrated in no way guarantees or warrants the contents of the fax, the speed of the fax delivery, quality of the fax sent, or acceptance of the fax by the recipient. USER ACKNOWLEDGES THAT IN NO EVENT SHALL INTEGRATED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM THE USE OF THE QUESTXPRESS FAX SERVICE. USER ALSO ACKNOWLEDGES AND AGREES TO THE TERMS SET FORTH IN THIS PARAGRAPH AND AGREES TO PAY ANY SUBSEQUENT ADDITIONAL CHARGES DESCRIBED HEREIN.†

pricing

Unless an ongoing separate contract has been negotiated and signed between Integrated and User, by accepting this web site User hereby agrees to pay the following charges for use and access to the QuestXPress website and system. Agreement to this Legal Notice and End User Agreement is Userís acknowledgement of pricing structure and agreement to pay Integrated based on terms of the invoice received:

Pricing Chart:
Orders per Month††† ††††††††††††††† Cost per Order
Up to 300††††††††††††† ††††††††††††††† ††††††††††††††† 99 cents
User pays $ 0.99† each† for the first 300 orders in a single calendar month,†† then orders in excess of 300 in the same month will be charged at the following rates:
301 to 550†††††††††††† ††††††††††††††† ††††††††††††††† $ 0.89
551 to 1,500†††††††† ††††††††††††††† ††††††††††††††† $0.79
1,501 to 2,500††††† ††††††††††††††† ††††††††††††††† $0.69
2,501 to 3,500††††† ††††††††††††††† ††††††††††††††† $0.59
Over 3,500††††††††††† ††††††††††††††† ††††††††††††††† $0.49

All references to charges, fees or amounts set forth in this Agreement are in U.S. dollars unless expressly stated otherwise herein.

submissions

Submitters and Users of Orders are provided with access to the web site for the purposes of assembling and uploading Orders to this web site. It is the sole responsibility of the Submitter or User to ensure that such submissions are directed to the correct area of display and that access codes and passwords are distributed only to appropriate Submitters, Users or Third Party Recipients. Integrated shall not be liable for any errors, omissions, inaccuracies, delays, personnel, software, equipment or communications failures in accepting, posting or subsequently making available any Orders or related information.  Integratedís total cumulative liability to the Submitter or User, for any reason, shall be limited to solely the amount of the fee charged for the particular Order in question.

Integrated may, but is not obligated to, review or monitor areas on this web site where Users may transmit or post communications, including message bulletin boards, chat rooms, and user forums. Integrated is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on message bulletin boards, chat rooms, and user forums.

The User is prohibited from posting or transmitting to or from this web site any libelous, obscene, defamatory, pornographic, or any other materials that would violate any applicable laws. If such communications do occur, however, Integrated will have no liability related to the content of any such communications.

Types of Documents Scanned and Stored on QuestXPress and Storage Space

The scanning and document storage features of the QuestXPress website are meant to be used for documents directly related to Real Estate Title Searches and Abstract work. By accepting this Agreement, User acknowledges that this service will only be used to scan and store the aforementioned types of documents on the QuestXPress website. No other types of documents, including but not limited to, accounting, general business, legal, office, or personal documents will be scanned through this service. User shall contact Integrated directly should they wish to set up functionality for scanning these types of documents.

The AVERAGE page count of a single orderís scanned documents cannot exceed 40 pages. This number will be achieved by taking the total number of pages a client has scanned into the system and dividing the total by the number of Orders the User has in the system. Scans over the average of 40 pages per Order will be billed at $0.01† per page scanned.

Each QuestXPress account can hold no more that 20 gigabytes of images and data. Once a single Userís QuestXPress account reaches 20 gigabytes of storage, the User will be contacted for Integrated to gain permission to move older orders to archival DVD for the client. These DVDís will then be delivered to the client for archival/future use. If the User wishes to leave all of their Orders on QuestXPress, even after exceeding the 20 gigabyte space limit, extra hard drive space can be leased from Integrated on a monthly basis at fair market value, as determined by Integrated in its sole discretion.

re-distribution

Orders and scanned images, synopses thereof, and related information may be re-distributed, or re-printed for the benefit of Third Party Recipients; provided that any re-distribution or re-printing is conducted solely for the purpose of facilitating the consideration of a project being worked on by the Third Party Recipient.

linking to Integratedís QuestXPress web site

Integrated shall permit Users to link to the QuestXPress web site subject to the the party being linked ("Linker") complying with the following terms and conditions:

A site that links to the QuestXPress web site:

1.       May link to, but not replicate, content contained in Integratedís site;

2.       Must not create a border environment or browser around content contained in Integratedís site;

3.       Must not present misleading or false information about Integratedís services or products;

4.       Must not misrepresent Integratedís relationship with the linker;

5.       Must not imply that Integrated is endorsing or sponsoring the Linker or the Linker's services or products;

6.       Shall not use any Integrated Copyrighted Information, or any Integrated or QuestXPress trademarks, logos, or trade dress without prior written permission from Integrated;

7.       Shall not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;

8.       Shall not contain materials that would violate any applicable laws;

9.       Shall agree that the link may be removed at any time upon Integrated's request pursuant to Integrated's reserved rights to rescind its consent to allow the link.

third-party web sites

Integrated's QuestXPress web site provides links to third-party web sites, which are not under the control of Integrated. Integrated makes no representations about third-party web sites. When User accesses a non-Integrated web site, User acknowledges that User does so at Userís own risk. Integrated is not responsible for the reliability or accuracy of any data, opinions, advice, or statements made on third-party sites. Integrated provides these links merely as a convenience. The inclusion of such links does not imply that Integrated endorses, recommends, or accepts any responsibility for the content of such sites.

third-party products and services

The Integrated web site contains mention of third-party products and services for informational purposes. Integrated makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by Integrated "as is" without warranty of any kind, either express or implied.

governing law and jurisdiction

User agrees that all matters relating to Userís access to, or use of, this web site shall be governed by the laws of the Commonwealth of Virginia.

Integrated makes no representation that the Orders or other information appearing on this web site are appropriate or available for use in all countries, and prohibits accessing materials from territories where its contents are illegal. Users who access this site do so on their own initiative and are responsible for compliance with all applicable laws.

export control laws

Software available on the Integrated QuestXPress web site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial and Prohibition Orders.

By downloading or using software from this site, User agrees to the foregoing and all applicable export control laws.  User also warrants that User is not under the control of, located in, or a resident or national of any such country or on any such list.

The information on export laws provided herein is not necessarily complete. For more information on export laws, please refer to 15 C.F.R. ß736, 738, 744, 746, or telephone the United States Commerce Department, Bureau of Export Administration at (408) 998-7402, (202) 482-2440, or (202) 482-4811.

United States Government rights

All Integrated products and publications are commercial in nature. The software, publications, and software documentation available on this web site are "Commercial Items", as that term is defined in 48 C.F.R.ß2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are defined in 48 C.F.R. ß252.227-7014(a)(5) and 48 C.F.R. ß252.227-7014(a)(1), and used in 48 C.F.R. ß12.212 and 48 C.F.R. 227.7202, as applicable. Pursuant to 48 C.F.R. ß12.212, 48 C.F.R.ß252.227-7015, 48 C.F.R. ß227.7202 through 227.7202-4, 48 C.F.R. ß52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, Integrated's publications, commercial computer software, and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation, and the terms and conditions herein.

notice of civil/criminal penalties

Introducing or attempting to introduce any electronic information into this database with the intention of altering, deleting or removing information contained herein that is not associated with your company or the company you legally represent is a violation of both state and federal law. Additionally, accessing the information without authorization, or exceeding your level of authorized access to the information, is also a violation of both state and federal law. The above described acts may subject you to civil monetary damages, criminal penalties, or both.