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Subscriber ContractI accept and agee to the Subscriber Contract

O'Connor & Associates (O’Connor) and the named subscriber submitting this contract (Subscriber) do hereby enter this agreement for use of the O'Connor & Associates Sales Comparable Engine (O’Connor Website). The user information submitted during the registration process and the agreement to Terms & Conditions of Use are incorporated herein. The O’Connor Website (mail URL http://www.oconnorcomps.com) is comprised of various Websites and web pages owned, operated, or licensed by O’Connor or its affiliates, suppliers, and/or vendors. The O’Connor Website offers an electronic means to generate analytical reports of property sales in and around Texas metropolitan areas. The parties mutually agree to the following terms:

1) Term of Agreement

The term of this agreement begins on the date the Subscriber electronically submits this agreement and continues monthly until terminated in accordance with terms set forth in Section 11 of this agreement.

2) Subscriber Considerations

Subscriber agrees to provide, in advance, the membership consideration due each month. The monthly membership consideration is either one of the following: Option 1) Data Contributor – For every two (2) sales contributed, that user may download twenty (20) comparable sales. Qualifying sales must meet the criteria set forth in Section 3 below.  Option 2) Subscriber – Pay $25 per month.  Upon payment that user may download up to two hundred (200) comparable sales during that thirty day period.

3) Sales

To qualify as a sale for meeting the monthly membership consideration requirement, a sale is defined as information about a commercial improved or commercial vacant land sale (no residential) regarding its transfer for consideration within the last three years and which is not currently contained in the O’Connor Website database. At a minimum, in addition to the sale date, the information provided must contain the name of the purchaser, the name of the seller, and the price paid for the property. Sales may be faxed, mailed, or e-mailed to the following:

4) Insufficient Sale and Remedies

Any Subscriber who submits an insufficient sale, i.e. one not meeting the definition of a sale as set forth in Section 3 of this agreement, will have 10 days from the date they are notified that the sale is insufficient to provide a sale to replace the insufficient sale or to remit $10 per insufficient sale in order to fulfill the monthly membership consideration, unless they have already submitted at least two qualifying sales for that month.

5) Registration Obligations

Subscriber

a. Will provide true, current, and complete information about Subscriber, including any affiliation 	or connection with any Texas appraisal district.

b. Warrants that all data provided by Subscriber is accurate and that he/she is not an employee or 	affiliated with any Texas appraisal district; and

c. Agrees not to distribute any information received or confirmed through the O’Connor Website to 	any Texas appraisal district.

6) Services Offered

Subscriber will have unlimited access to www.oconnorcomps.com through Subscriber’s personal Internet medium and in accordance with the terms and conditions outlined in this agreement.

7) Member Account, User ID and Security

Subscriber will receive a User Name and password upon completion of the registration process. Subscriber is responsible for maintaining the confidentiality of the account and contract (including the User Name and password) and is fully responsible for all activities that occur under Subscriber’s account.

Subscriber will (a) immediately notify O’Connor of any unauthorized use of Subscriber’s account or any other breach of security, and (b) ensure that the user has logged out of their account at the end of each session. O’Connor cannot and will not be liable for any loss or damage arising from Subscriber’s failure to comply with this expectation.

8) Customer Support

O’Connor will use commercially reasonable efforts to respond to Subscriber questions or technical difficulties during regular business hours. O’Connor is entitled to shut down the O’Connor Website for regular maintenance during non-peak usage hours.

9) Data Warranty

The O’Connor Website contains data points received from numerous sources. O’Connor has confirmed the data on a small percentage of these data points. For the majority of the data points, we rely on the accuracy of the data we receive. For this reason, the majority of the data points contained in the database are not confirmed by O’Connor. We are not responsible for errors or omissions in the data and recommend that the data points be utilized as a starting point, with individual Subscriber users confirming any data point on which they need to rely.

O’Connor is not liable for any decision made or action taken in reliance on the information contained on this Website or for any consequential, special or similar damages, even if advised of the possibility of such damages.

O’CONNOR AND/OR ITS RESPECTIVE AFFILIATES, VENDORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, AVAILABILITY, TIMELINESS, AND SOFTWARE PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE O’CONNOR WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. O’CONNOR AND/OR ITS RESPECTIVE AFFILIATES, VENDORS AND SUPPLIERS HERBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

IN NO EVENT SHALL O’CONNOR AND/OR ITS AFFILIATES, VENDORS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE O’CONNOR WEBSITE, WITH THE DELAY OR INABILITY TO USE THE O’CONNOR WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OBTAINED THROUGH THE O’CONNOR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE O’CONNOR WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF O’CONNOR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SOME SUBSCRIBERS.  IF THE SUBSCRIBER IS DISSATISFIED WITH ANY PORTION OF THE O’CONNOR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE O’CONNOR WEBSITE.

10) Prohibited Uses and Proprietary Notices – Data

The O’Connor Website is a data gathering and dissemination site for commercial use only. Subscriber is not authorized and agrees not to access or query the Website through the use of high-volume, automated, electronic processes, or to download more sales than the limit set by O’Connor and allowed by the Website database.

The Subscriber agrees that the data will be utilized only for lawful purposes and that under no circumstances will the data be utilized to:

1)   Allow, enable, or otherwise support the transmission of mass unsolicited commercial advertising 		or solicitations via any method,

2)   Provide any data to any Texas appraisal district

11) Termination

O’Connor reserves the right to terminate your access to the Website in its sole discretion for any reason, including excessive querying of the database or dissemination of the data to a Texas appraisal district or failure to comply with the terms of this agreement including non-payment or non-compliance with the terms of this agreement. Subscriber may terminate with 30 days written notice.

12) Ownership of Monthly Membership Consideration Sales

O’Connor does not claim ownership or proprietary rights to the sales that Subscriber submits. However, by submitting the sale, Subscriber is granting O’Connor, its affiliated companies and sub licensees, permission to use Subscriber’s data. O’Connor retains the right to utilize data points provided in any manner by Subscriber even after termination of this agreement.

13) Web-based Application Prohibitions

Subscriber acknowledges that the O’Connor Website is either the licensed or copyrighted work of O’Connor and/or its affiliates, vendors, and suppliers. The O’Connor Website is owned, licensed, or covered by a use agreement by O’Connor and/or its affiliates, vendors, and any suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the database is prohibited by law, and may result in severe civil or criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE WEBSITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Subscriber acknowledges that the Website, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA . Subscriber agrees not to export or re-export the Website, partly or in full, directly or indirectly, to any countries that are subject to USA export restrictions.

Subscriber shall not attempt, nor assist or provide the opportunity, to reverse-engineer any of the applications or Website functions. The O’Connor Website may not be used in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party’s use and enjoyment of the Website. Subscriber may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website.
 
*** Your use of an electronic device to click the “Submit” button constitutes your signature, acceptance and agreement to this contract as if signed by you in writing and has the same force and effect as a signature affixed by hand.

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Please enter the information below to create an account. Then visit the Subscription Section to view the option(s) you would like to enroll in. Upon meeting the condition(s) of the Subscriber Contract, your account will be activated and you will receive an email with further logon and user information.

The information contained in this web site is for general guidance only. Given the changing nature of laws, rules and regulations, there may be omissions or inaccuracies in information contained in this web site. While we have made every attempt to ensure that the information contained in this web site has been obtained from reliable sources, O'Connor & Associates is not responsible for any errors or omissions, or for the results obtained from the use of this information. In no event will O'Connor & Associates, or employees thereof, be liable for any decision made or action taken in reliance on the information in this site or for any consequential, special or similar damages, even if advised of the possibility of such damages. Web site addresses mentioned in this site referring to sites other than the O'Connor & Associates site are maintained by third parties over whom O'Connor & Associates has no control. O'Connor & Associates cannot attest to the accuracy or any other aspect of information contained in other web sites. Due to the confidential information contained in the sales database, information obtained is not to be distributed to any Texas Appraisal District.  Because the amount of damages is unable to be accurately determined, user agrees to pay liquidated damages of $100,000 for violating this agreement.

I accept and agee to the Terms & Conditions of Use