Service Agreement 

This Agreement is entered into between Selection Management, a Texas Corporation, and here after "Subscriber" in the City of The Woodlands and County of Montgomery, State of Texas. Agreed to terms and conditions are as follows:

1. SERVICE Selection Management provides nationwide public record information, document retrieval and related services ("Services") using its proprietary databases and information obtained form third parties ("Third Parties"). Subscriber hereby subscribes to Services for use as a factor in making its business decisions and agrees to pay to Selection Management the applicable rates and charges therefore set forth in Paragraph 3 below.

2. PERFORMANCE Selection Management will use its best efforts to deliver Services requested by Subscriber in an expeditious and efficient manner and to regularly access, update, augment and maintain its compilation of the information gathered from selected public records and other sources used in the provision of Services hereunder. Subscriber accepts all information AS IS.

3. CHARGES TO SUBSCRIBER For each response to a request for information, including "no record found", Subscriber agrees to pay to Selection Management the applicable charge then prevailing for Services rendered to Subscriber. Subscriber shall pay to Selection Management prices as updated from time to time through on-line announcements, Subscriber Bulletins, and published price schedules, i.e. "List of Records and Rates." All current and future Selection Management pricing documents are deemed incorporated herein.

4. SUBSCRIBER USE LIMITATIONS Subscriber acknowledges that Selection Management and/or Third Parties retain all rights, titles and interest under applicable copyright and related laws In the databases and materials continued therein used to provide Services hereunder, and Subscriber shall use such materials consistent with such right, title and interest and notify Selection Management of any threatened of actual infringement there. Subscriber further acknowledges that this Agreement grants Subscriber a limited license in exchange for payment of the fees and charges set forth in Paragraph 3 hereof and Subscriber shall not reproduce, retransmit, publish or otherwise transfer for commercial exploitation any information that Subscriber receives from Services, except to employees whose duties reasonably relate to the legitimate business purposes for which the information is requested and legally in the ordinary course of its business. Subscriber shall at no time represent that is the authorized agent or representative of Selection Management or any Third Party.

5. NEGATION OF LIABILITY/WARRANTY NEITHER SELECTION MANAGEMENT NOR THIRD PARTIES SHALL BE LIABLE TO SUBSCRIBER OR TO ANY PERSON CLAIMING THROUGH SUBSCRIBER OR TO WHOM SUBSCRIBER MAY HAVE PROVIDED SERVICE-RELATED DATA FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY SELECTION MANAGEMENT OR THIRD PARTIES’ NEGLIGENT ACTS OR OMISSIONS IN PROCURING, COMPILING, COLLECTION, INTERPRETING, REPORTING, COMMUNICATION, OR DELIVERING SERVICES OR IN OTHERWISE PERFORMING THIS AGREEMENT. SUBSCRIBER ACKNOWLEDGES THAT EVERY BUSINESS DECISION INVOLVES ASSUMPTION OF A RISK, AND THAT NEITHER SELECTION MANAGEMENT NOR ANY THIRD PARTY UNDERWRITES THAT RISK IN ANY MANNER WHATSOEVER. IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON SELECTION MANAGEMENT OR A THIRD PARTY, THEN SUBSCRIBER AGREES THAT SELECTION MANAGEMENT AND/OR THIRD PARTIES AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES TO SUBSCRIBER TO ARISING OUT OF ANY ACT OR OMISSION OF SELECTION MANAGEMENT AND/OR THIRD PARTIES IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OF THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE COST OF THE SERVICE OR SERVICES TO WHICH A GIVEN CLAIM RELATES CHARGED TO SUBSCRIBER, AND SUBSCRIBER COVENANTS AND PROMISES THAT IT WILL NOT SUE SELECTION MANAGEMENT AND/OR THIRD PARTIES FOR AN AMOUNT GREATER THAN SUCH SUM EVEN IF SELECTION MANAGEMENT AND/OR THIRD PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THAT IT WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST SELECTION MANAGEMENT AND/OR THIRD PARTIES, ALL IN CONSIDERATION OF THE RECEIPT BY SUBSCRIBER OF SERVICES AT THE RATES CHARGED BY SELECTION MANAGEMENT HEREUNDER, WHICH ARE FAR LOWER THAN WOULD BE AVAILABLE TO SUBSCRIBER ABSENT THE WAIVERS AND DISCLAIMERS CONTAINED HEREIN. SELECTION MANAGEMENT AND THIRD PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED. SELECTION MANAGEMENT AND/OR THIRD PARTIES DO NOT GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED. SELECTION MANAGEMENT AND/OR THIRD PARTIES DO NOT GUARANTEE OR WARRANTY THE CORRECTNESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES OR THE COMPONENTS THEREOF.

6. AGREEMENT ENTIRETY This Agreement (including all pricing documents, Schedules, Addenda and Exhibits) sets forth the entire understanding and Agreement between Selection Management and Subscriber and supersedes any prior or contemporaneous oral or written Agreements or representations, except that access to and use of Third Party services may be governed by terms and conditions different than or in addition to those. By receipt of Services, Subscriber agrees to, and shall comply with, such different and/or additional terms of Third Parties. Except for terms of Third Parties, modification of the Agreement may be made only by written amendment, duly executed by both parties. This Agreement shall be interpreted in accordance with the laws of the State of Texas. Violation by Subscriber of state or federal laws or Selection Management or Third Parties’ established policies and procedures may result in immediate termination of this Agreement in Selection Management sole discretion. Recognize that information is obtained and managed by fallible sources, and that for the fee charged, Selection Management cannot guarantee or insure the accuracy or the depth of information provided. Give an applicant Selection Management’ 800# and address if information provided in a Consumer Report is responsible for suspension or termination of the application process. Assume responsibility for the final verification of the applicant's identity. I have read the ADA & FCRA Information, the Terms for User Agreement and understand the "Service Agreement".