TERMS AND CONDITIONS OF USE

Welcome to “Accept/Decline” (the “Site”). This Site is owned and operated by [ DKLA ] (“Company”) . These Terms and Conditions of Use (“Terms of Use”) is an agreement between you and Company governing your use of the Site. By a ccessing the Site or using any of the services provided on the Site, you signify your agreement to all of the terms and conditions contained or referenced in these Terms of Use. If you do not agree to these Terms of Use, then do not use the Site. Company may modify or update these Terms of Use at any time by posting the amended terms on the Site and such terms shall be effective for all use of the Site and services once they are posted. Your continued access of the Site and/or use of the services provided on the Site following the posting of any additional or different terms in the Terms of Use constitutes your acceptance of those additional or different terms . Company, in its sole discretion, may also add, delete or change some or all of the features of the Site or Company’s services at any time.

1. DESCRIPTION OF SERVICES

Company offers certain online resources and tools through the Site for assessing the credit risk of prospective real estate rental tenants (the ” Service s”) . A ccess to the Service s is password restricted to users who register through the Site.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service s, including the availability of new services or products, shall be subject to these Terms of Use. Company is under no obligation to update the Site, the Service s or any information or data contained on the Site or used in connection with the Service s. Company, in its sole discretion, may at any time and from time to time to add, modify or discontinue, temporarily or permanently, any or all of the Service s without notice or liability to you or any third party.

2. PROPRIETARY RIGHTS

Company, its affiliates and licensors retain all right, title and interest in and to the Site, the Service s, all data, information, content and materials provided on the Site (excluding data and information that you provide), the business process, procedures, methods and techniques used with the Site and the Service s and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world (“Intellectual Property”). You may not reproduce, download (other than page caching), modify, publish, transmit, transfer or sell, rent, lease, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Intellectual Property, except as expressly permitted in these Terms of Use or with Company’s prior written consent. You may make a single copy of the content displayed on the Site solely for your personal (or your company’s) use, provided that you do not remove any trademarks, copyright notices or any other notice contained in such content and that you do not display or distribute in any way or otherwise make available such content to any third party without Company’s prior written consent. You further agree that you will not disassemble, decompile or reverse engineer any of the materials or underlying software made available on the Site.

3. REGISTRATION OBLIGATIONS

You will be directed on one or more occasions to register with the Site and create a customer account or otherwise provide Company with certain information about yourself and your company (as applicable) (“Registration Data”). On registering with the Site, You will obtain a confidential user ID and password (collectively, “Password”) for your individual use that must be used to access and use the Service s. You agree to: (i) provide true, accurate, current and complete Registration Data, (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, (iii) for security reasons, maintain the confidentiality of any Password obtained by you or set-up by you as an account administrator on behalf of your company’s authorized personnel (“Authorized Users”), not allow any other party (apart from any of your Authorized Users) to use your Password(s), immediately notify Company of any unauthorized use of your account or any other breach of security and ensure that you properly exit from your account at the end of each session, (iv) take full responsibility for all activities that occur under any customer account created for your use, and (iv) for tracking purposes, allow no more than one Authorized User to use each Password. Company is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company may suspend or terminate your account and refuse any and all current or future use of the Service s (or any portion thereof). By submitting your information through the Site, you grant Company a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with Company’s performance of the Service s for you.

4. USE OF THE SITE AND THE SERVICES

You shall comply with all applicable laws, statutes, ordinances and regulations in your use of the Site and the Service s. Further, you represent and warrant that you have obtained all necessary permissions from those persons whose personal information you transmit through the Site or otherwise use in connection with the Service s.

5. PRIVACY POLICY

All information about you including your Registration Data and any information stored or transmitted in any way on the Site or through the use of the Service s is subject to the Site’s Privacy Policy. The Privacy Policy may be viewed here.

6. LINKS

The Site contains links to other Internet websites and resources. Company does not endorse, and is not responsible or liable in any way for, any content, advertising, services or goods on or available from such websites or resources.

7. WARRANTY DISCLAIMERS

You understand that the processing and transmission of communications relating to the use of the Site or the Service s, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that Company will not be liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content transmitted by you through the Site.

COMPANY PROVIDES THE SITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Company makes no representation or warranty that (i) the Site or the Service s will meet your expectations or requirements, (ii) the Site or the Service s will be uninterrupted, timely, secure or error-free, (iii) any results or information that may be obtained from the use of the Site or the Service s will be accurate, timely, complete or reliable and (iv) any errors in any software used on the Site or in connection with the Service s will be corrected. Operation of the Site may be interfered with by numerous factors outside of Company’s control including, but not limited to, telecommunications network disruptions. Company is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Service s.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ITS LICENSORS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO [ THE GREATER OF (A) THE AGGREGATE OF THE FEES PAID BY YOU OR YOUR COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES OR (B) $100. ]

9. INDEMNITY

You agree to defend, indemnify and hold Company and its affiliates, together with their respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the Site or the Service s, (ii) your breach or alleged breach of these Terms of Use, (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or the Service s or (iv) your use or disclosure of another person’s personal financial or credit information.

10. TERMINATION

You agree that Company, in its sole discretion and without notice or liability to you, may terminate your use of, or access to, the Site or the Service s at any time for any reason or no reason.

11. MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Company with respect to your access and use of the Site and the Service s and supercedes all prior and contemporaneous agreements between you and Company. If any of the provisions of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The laws applicable to the interpretation of this Agreement shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, California. . You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Service s, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them .