All users of VirtualInvestorPLUS services, and all customers upon signing up for VirtualInvestorPLUS services, agree to comply with VirtualInvestorPLUS Terms of Use ("TOU"). The TOU are not exhaustive and VirtualInvestorPLUS reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.virtualinvestorplus.com or notification of the modified TOU. Any complaints about a customer’s violation of the TOU should be sent to abuse@virtualinvestorplus.com. The TOU supersedes any other agreement with VirtualInvestorPlus, whether written, oral, by conduct, or otherwise.

VirtualInvestorPLUS Online End User License Agreement

This VirtualInvestorPLUS Online End-User License Agreement ("Agreement") is a binding legal contract between you (either an individual or a legal entity) and VirtualInvestorPLUS ("VirtualInvestorPLUS "). By accessing or using any VirtualInvestorPLUS software or service ("Application") you will be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, VirtualInvestorPLUS is not willing to license any right to use or access any Application to you. In such event, you may not access, or use any Application, and you should promptly contact your provider for instructions with respect to a refund of fees paid by you, if any. As used in this Agreement, the term "Application" means any VirtualInvestorPLUS software or services rightfully provided, or rightfully made available, to you by a VirtualInvestorPLUS-authorized provider ("Provider") under the terms of a valid Application Service Provider Agreement between VirtualInvestorPLUS and Provider ("ASP Agreement"), including any or all associated Web sites, media, printed materials and any "on-line" or electronic documentation.

APPLICATION ACCESS AND USE LICENSE

The Application is licensed to you, not sold. Except for the limited license granted in this Agreement, VirtualInvestorPLUS and its licensors retain all right, title and interest in the Application, all copies thereof, and all proprietary rights in the Application, including but not limited to, copyrights, patents, trademarks and trade secret rights. Certain services within the Application are available only through the purchase of a Subscription. The following applies to these Subscriptions. You agree to pay via credit card or check the subscription fees set forth on the site, applicable taxes, and other charges incurred on your account in order to access the Application. An authorized subscription Administrator may add licenses by executing an additional order either online or by contacting the VirtualInvestorPLUS Customer Support Center. Added licenses will be subject to the following:

• added licenses will share the preexisting Subscription Term (either Initial Term or renewal term)
• the license fee for the added licenses will be the then current, generally applicable license fee; and
• licenses added in the middle of a billing period will be charged for that billing period, on a pro rata basis, as well as the subsequent billing period.

In the case of credit card payments VirtualInvestorPLUS automatically charge your account in advance on a monthly or yearly basis for the subscription according to the terms set forth in this agreement. In the event VirtualInvestorPLUS cannot charge your credit card account, VirtualInvestorPLUS reserves the right to terminate your access to the Application.

In addition to the charges set forth above, you are responsible for all expenses and charges associated with accessing the World Wide Web (also known as the Internet) and connecting to the Site, any service fees associated with such access and connection, and for providing all equipment necessary for you to make such connection, including, without limitation, computer and modem.

For purposes of identification and billing, you agree to provide VirtualInvestorPLUS with accurate, current and complete information required by the site subscription registration for the Application, including, without limitation, your legal name, address, telephone number(s), email address, and applicable payment data (e.g. credit card number and expiration date) and to maintain and update this information to keep it accurate, current and complete. Failure to provide and maintain accurate, current and complete information may, at VirtualInvestorPluss option, result in immediate suspension or termination of your right to use the Application.

If the amount of disk storage required by the Customer exceeds the maximum limit, you will be charged the then-current storage fees. VirtualInvestorPLUS will use reasonable efforts to notify you when the average storage used per license reaches approximately 90% of the maximum.

VirtualInvestorPLUS reserves the right to establish or modify its general practices and limits concerning storage of Customer Data. VirtualInvestorPLUS reserves the right to change the fees and usage policies and to introduce new charges at any time, without notice. If notice is provided, then you agree to accept notification via e-mail. Non-Payment In addition to any other rights granted to VirtualInvestorPLUS herein, VirtualInvestorPLUS reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User licenses during any period of suspension.

If you or VirtualInvestorPLUS initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with this agreement. You agree that VirtualInvestorPLUS may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

1. GRANT OF LICENSE.

This Agreement grants you the following rights, as applicable:

Hosted Application.

During the term of this Agreement, VirtualInvestorPLUS grants you a personal, revocable, nontransferable, nonexclusive and non-assignable license to access and use via the Internet the portion of the Application that is hosted by VirtualInvestorPLUS or its subcontractors.

Enhancements.

VirtualInvestorPLUS reserves the right to upgrade, enhance, change or modify the Application at any time in its sole discretion ("Enhancements"). Any Enhancements made available to you by VirtualInvestorPLUS, if any, will be subject to the terms of this Agreement.

Server Availability.

In the event a mission critical maintenance situation arises, VirtualInvestorPLUS may be required to perform maintenance at any time. During these maintenance periods, you may be unable to transmit and receive data. You agree to cooperate with VirtualInvestorPLUS during these maintenance periods. In addition, VirtualInvestorPLUS partners with best of breed Internet data centers to provide the appropriate bandwidth and performance levels for the Application. However, the true performance and speed of Internet access depends on many factors that are outside of VirtualInvestorPLUS control. VirtualInvestorPLUS does not give any warranties or undertakings as to the performance or quality of the service in this regard.

Term.

This Agreement shall commence on the earlier of (i) the date this Agreement is executed by you or (ii) the date you first purchase, download, install, access or use the Application, and shall continue until the earlier of (i) the termination of this Agreement, or (ii) the expiration or termination of the ASP Agreement.

Data Backup.

VirtualInvestorPLUS will produce regular backups of your data. Assuming all fees owed by you are current and have been paid, we will continue to backup your data. Your data will be available to you while you are actively using the Application AND within 30 days following the termination of your Subscription. Charges will apply for this service. Prior to terminating your subscription you should download or print all data that you may require. VirtualInvestorPLUS will only maintain your data for 30 days after termination of your subscription. In the event you are in Default because of non-payment and VirtualInvestorPLUS is unable to collect for a period of 60 days or more, etc. you will forfeit your rights to any and all data (including but not limited to contacts, buyers, sellers, vendors, lenders, probate, mortgage leads), images, web pages, graphics, audio, video, etc. and transfer any and all rights to VirtualInvestorPLUS at no additional cost.

2. LIMITATIONS ON LICENSE.

The license granted to you in this Agreement is restricted as follows:

Limitations

Copying and Distribution. You may not copy or distribute the Application except to the extent that copying is necessary to use the Application for purposes set forth herein.

Limitations on Reverse Engineering and Modification.

You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Application. You may not alter or modify any disabling mechanism which may be resident in the Application.

Sublicense, Rental and Third Party Use.

You may not assign, sublicense, rent, time-share, loan, lease, commercialize or otherwise transfer the Application, or directly or indirectly permit any third party to use or copy the Application. You will keep any passwords associated with the use of the Application in strict confidence, and will not share such passwords with any third party. You will be solely responsible for all use of the Application made with your passwords, if any.

Copyright.

The Application is protected by United States copyright laws and international treaty provisions. Except for the limited license provided in this Agreement, VirtualInvestorPLUS reserves all rights in and to the Application and all underlying data, compilations and information maintained by VirtualInvestorPLUS, including but not limited to, the exclusive rights under copyright and the right to grant further licenses. Therefore, you must treat the Application like any other copyrighted material (e.g., book or musical recording). You may not copy the written materials accompanying the Application. You may not remove the copyright notice from the Application. You agree to prevent any unauthorized copying of the Application. Acceptable Use Limitation - As a condition of your use of the Application, you warrant to VirtualInvestorPLUS that you will not use the service for any purpose that is unlawful, or prohibited by this Agreement or Additional Terms (as may be modified from time to time).

3. DISABLING MECHANISM.

You acknowledge and agree that the application may have a mechanism, whereby VirtualInvestorPLUS can disable the application. You agree that VirtualInvestorPLUS may use any such mechanism in the event of the expiration of this agreement or your breach of this agreement, or a breach of your Providers ASP Agreement.

4. TERMINATION.

Breach of Agreement.

Without prejudice to any other rights, VirtualInvestorPLUS may immediately and without notice terminate this Agreement and all rights granted hereunder if you fail to comply with any of the terms and conditions of this Agreement.

Infringement Claims.

In the event of a claim of intellectual property infringement by any third party relating to the Application ("Infringement Claims"), VirtualInvestorPLUS reserves the right to immediately terminate this Agreement and the rights granted hereunder.

Termination of ASP Agreement.

In the event of any termination or expiration of your Providers ASP Agreement, VirtualInvestorPLUS may terminate this Agreement and the rights granted hereunder, with or without cause, in its sole discretion.

Licensees Termination Obligations.

In the event of any expiration or termination of this Agreement for any reason, you must remove all copies of the Application and all of its components from all of your systems, and destroy all related media and documentation, if any.

5. EXPORT.

You may not export the Application without the prior written approval of VirtualInvestorPLUS. If the Application was purchased in the United States, you agree to comply with all applicable United States laws and regulations pertaining to export controls. If the Application was purchased outside the United States, you may not re-export the Application except as permitted by the laws of the United States and the laws of the jurisdiction in which you purchased the Application.

6. U.S. GOVERNMENT RESTRICTED RIGHTS.

The Application and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, and in similar clauses in the NASA FAR Supplement, as applicable. Manufacturer is VirtualInvestorPLUS, P.O. Box 6078, Palm Harbor, FL 34684.

7. THIRD PARTY CONTENT.

Any opinions, advice, statements, services, offers, or other information that is part of the content accessible via the Service that is expressed or made available by third parties are those of the respective authors or distributors and not of VirtualInvestorPLUS. It is your responsibility to evaluate the information, opinions, advice or other Content available through the Web site, whether listed or provided by third parties or by VirtualInvestorPLUS. VirtualInvestorPLUS ASSUMES NO RESPONSIBILITY AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS OR APPROVALS WITH REGARD TO THIRD PARTY INFORMATION.

8. NO WARRANTIES.

THE APPLICATION AND SERVICES ARE PROVIDED ON AN "AS AVAILABLE," "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIRTUALINVESTORPLUS, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APPLICATION AND SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. VIRTUALINVESTORPLUS DOES NOT WARRANT THAT THE APPLICATION OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION, SERVICES OR RELATED DOCUMENTATION WILL BE CORRECTED. VirtualInvestorPLUS makes no representation of any kind, express or implied, as to the operation or reliability of the SERVICES, the accuracy or completeness of any information ACCESSIBLE VIA THE SERVICES, or the availability, quality or safety of any products OR SERVICES AVAILABLE THROUGH THE SERVICES. Further, VirtualInvestorPLUS does not warrant that the Application or SERVICES, or the content AVAILABLE THROUGH THE SERVICES are free of viruses or other harmful components. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIRTUALINVESTORPLUS OR PROVIDER SHALL CREATE A VIRTUALINVESTORPLUS WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF VIRTUALINVESTORPLUS OBLIGATIONS HEREUNDER.

9. NO DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VIRTUALINVESTORPLUS, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, WHICH SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR SERVICES, EVEN IF VIRTUALINVESTORPLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, VIRTUALINVESTORPLUS ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE INITIAL FEE PAID BY YOU, IF ANY, FOR THE APPLICATION. YOU AGREE THAT YOU WILL HAVE SOLE AND COMPLETE RESPONSIBILITY FOR ANY DECISIONS MADE OR ACTIONS TAKEN BY YOU IN RELIANCE UPON THE SERVICES OR APPLICATION. YOU AGREE AND ACKNOWLEDGE THAT THE SERVICES AND APPLICATION ARE NOT INTENDED TO SUPPLY TAX, INVESTMENT, OR LEGAL ADVICE.

10. INDEMNITY.

You agree to indemnify, defend and hold harmless VirtualInvestorPLUS, its parent company, subsidiaries, affiliates and its officers, directors, shareholders, agents, affiliates, and licensors harmless from and against any and all third party claims of any kind (along with attorney's fees and litigation costs) arising out of, resulting from, or in connection with your breach of this Agreement or your use or misuse of the Application or services, including but not limited to, claims for personal injury or property damage.

11. GOVERNING LAW.

This Agreement is governed by and construed in accordance with the laws of the State of Florida, U.S.A as applied to agreements entered into and wholly performed within Florida between Florida residents. This Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any action or proceeding brought by either party hereto shall be brought only in a state or federal court of competent jurisdiction located in the County of Pinellas, State of Florida and the parties submit to the in personal jurisdiction of such courts for purposes of any action or proceeding.

12. FORCE MAJEURE.

VirtualInvestorPLUS shall not be responsible for any delays, errors, failures to perform, interruptions or disruptions in the Application or Services caused by any acts of God, strikes, lockouts, riots, acts of war, changes in law or regulations, fire, flood, earthquake, storm, power failure or failures of the Internet.

13. GENERAL.

This Agreement constitutes the entire understanding and agreement between VirtualInvestorPLUS and you with respect to the transactions contemplated in this Agreement and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this Agreement, all of which are merged in this Agreement. This Agreement shall not be modified, amended or in any way altered except by an instrument in writing signed by authorized representatives of both parties. In the event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement shall remain valid and enforceable according to its terms. Any failure by VirtualInvestorPLUS to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or any subsequent breach of that provision. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN EFFECT.

14. AUTHORIZATION.

By accessing, or using the Application or Services, you indicate that you have the authority to bind yourself and your organization to the terms of this Agreement.