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Qualia, who may be referred to herein as Reseller, provides Qualia Shield to Customer subject to the Qualia Master Agreement, including, without limitation, any order form issued thereto as well as the Qualia Banking Terms (the “Agreement”). These Fraud Prevention Data Terms form an integral part of the Qualia Master Agreement and are incorporated by reference as an Exhibit to the Master Agreement. Qualia Shield, which may be included with Qualia Atlas, may assist customer with gathering and analyzing data relevant to wire fraud assessments and fraud prevention (“Fraud Prevention Data”). Fraud Prevention Data may include data provided by third parties. These additional terms (“Fraud Prevention Data Terms”) govern Customer’s access to and use of third party Fraud Prevention Data via Qualia Shield. Any capitalized terms used but not defined in these Fraud Prevention Data Terms have the respective meaning given to them in the Agreement.

1. RESTRICTED LICENSE. Subject to the restrictions and limitations set forth below, Qualia hereby grants to Customer a limited license to use Qualia Shield and any Fraud Prevention Data accessible therein (“Qualia Shield License”).

1.1. Qualia hereby grants to Customer a Qualia Shield License solely for Customer’s own internal business purposes. Customer represents and warrants that any use of Fraud Prevention Data shall be for only lawful and legitimate business purposes, including those specified by Customer in connection with a specific information request, relating to its business and as otherwise governed by the Agreement (“Authorized Use”). Customer shall not use Fraud Prevention Data for marketing purposes or resell or broker Qualia Shield or Fraud Prevention Data to any third party. Customer shall not use the Fraud Prevention Data for any personal purposes.

1.2. Customer shall not use Qualia Shield or Fraud Prevention Data to provide data processing services to third-parties or to evaluate the Qualia Shield or Fraud Prevention Data of or for third parties. Customer certifies that it understands the restrictions on use of Fraud Prevention Data and that it shall not misuse or sell Fraud Prevention Data. Customer agrees that if Qualia determines or reasonably suspects that continued provision of Fraud Prevention Data to Customer entails a potential security risk, or that Customer is using Fraud Prevention Data in a manner inconsistent with these Fraud Prevention Data Terms, Qualia may take immediate action, including, without limitation, suspending or terminating the delivery of, and the license to use, Qualia Shield and the Fraud Prevention Data.

1.3. Customer shall not intentionally access Qualia Shield from Internet Protocol addresses located outside of the United States and its territories without Qualia’s prior written approval. Customer shall not use Qualia Shield or the Fraud Prevention Data to create a competing product. Customer shall comply with all laws, regulations and rules which govern the use of Fraud Prevention Data. Customer acknowledges that Fraud Prevention Data may, over time, be subject to new or changed laws and regulations that limit or prevent its use and that Fraud Prevention Data available through Qualia Shield may change.

1.4. Customer represents and warrants that:

1. It is not an unacceptable business type (as defined in Appendix I below)

2. If it conducts title abstracting, it is not accessing Fraud Prevention Data in a title abstracting capacity;

3. It has a lawful and legitimate business need to access and use Fraud Prevention Data;

4. The information provided in its application or questionnaire is accurate and complete and it shall notify Qualia of any material changes;

5. It is licensed to conduct its business in the applicable jurisdiction (e.g. has a license from the applicable State Department of Insurance or State Bar Association);

6. It is in good standing in its state of incorporation or the state where its headquarters is located (and can provide evidence thereof upon request); and

7. It is not subject to investigation or enforcement proceedings from a state Attorney General, Federal Trade Commission or Consumer Finance Protection Board.

1.5. GLBA Data. Fraud Prevention Data typically includes “nonpublic personal information” or NPI as defined in the Gramm-Leach-Bliley Act (15 U.S.C. § 6801, et seq.) and related state laws, (collectively, the “GLBA”), and is regulated by the GLBA (“GLBA Data”). If Customer receives GLBA Data as part of the Fraud Prevention Data, Customer shall not obtain and/or use GLBA Data through Qualia Shield, in any manner that would violate the GLBA, or any similar state or local laws, regulations and rules. Customer acknowledges and agrees that it may be required to certify its permissible use of GLBA Data falling within an exception set forth in the GLBA at the time it requests information in connection with certain aspects of Qualia Shield and will recertify upon request by Qualia. Customer certifies with respect to GLBA Data received through the Qualia Shield that it has a written information security program that includes administrative, technical, and physical safeguards appropriate to the size and complexity of Customer and the nature and scope of its activities, and that program is designed to ensure the security and confidentiality of customer information, protect against unanticipated threats or hazards to the security or integrity of such information, and protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any client or consumer.

1.6. DPPA Data. Fraud Prevention Data may include “personal information,” as defined in the Drivers Privacy Protection Act (18 U.S.C. § 2721, et seq.) and related state laws, (collectively, the “DPPA”), and is regulated by the DPPA (“DPPA Data”). If Customer receives DPPA Data as part of the Fraud Prevention Data, Customer shall not obtain and/or use DPPA Data through the Qualia Shield in any manner that would violate the DPPA. Customer acknowledges and agrees that it may be required to certify its permissible use of DPPA Data at the time it requests Fraud Prevention Data in connection with Qualia Shield and will recertify upon request by Qualia.

1.7. Social Security and Driver’s License Numbers. Qualia may in its sole discretion permit Customer to access QA Data. If Customer is authorized by Qualia to receive QA Data, and Customer obtains QA Data through Qualia Shield, Customer certifies it will not use the QA Data for any purpose other than as expressly authorized by Qualia policies, the terms and conditions herein, and applicable laws and regulations. In addition to the restrictions on distribution otherwise set forth below, Customer agrees that it will not permit QA Data obtained through the Qualia Shield to be used by an employee or contractor that is not an Authorized User with an Authorized Use. Customer agrees it will certify, in writing, its uses for QA Data and recertify upon request by Qualia. Customer may not, to the extent permitted by the terms of this Agreement, transfer QA Data via email or ftp without Qualia’s prior written consent. However, Customer shall be permitted to transfer such information so long as: (i) a secured method (for example, Secure File Transfer Protocol) is used; (ii) transfer is not to any third party; and (iii) such transfer is limited to such use as permitted under this Agreement. Qualia may at any time and for any or no reason cease to provide or limit the provision of QA Data to Customer.

1.8. National Change of Address Database. Qualia is a licensee of the United States Postal Service’s NCOALINK database (“NCOA Database”). The information contained in the NCOA Database is regulated by the Privacy Act of 1974 and may be used only to provide a mailing list correction service for lists that will be used for preparation of mailings. If Customer receives all or a portion of the NCOA Database through Qualia Shield, Customer hereby certifies to Qualia that it will not use such information for any other purpose. Prior to obtaining or using information from the NCOA Database, Customer agrees to complete, execute and submit to Qualia the NCOA Processing Acknowledgement Form.

1.9. Additional Terms. Certain materials contained within Fraud Prevention Data are subject to additional obligations and restrictions. Without limitation, these services may include news, business information (e.g., Dun & Bradstreet reports), and federal legislative and regulatory materials. To the extent that Customer receives such materials through Qualia Shield, Customer agrees to comply with the additional terms and conditions of use contained at the following website: www.lexisnexis.com/terms/general (the “General Terms”). The General Terms are hereby incorporated into this Agreement by reference.

1.10. Fair Credit Reporting Act. The Fraud Prevention Data provided pursuant to this Agreement are not provided by “consumer reporting agencies,” as that term is defined in the Fair Credit Reporting Act, (15 U.S.C. §1681, et seq.), (the “FCRA”), and do not constitute “consumer reports” as that term is defined in the FCRA. Accordingly, the Fraud Prevention Data may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the FCRA. Further, (a) Customer certifies that it will not use any of the information it receives through Qualia Shield to determine, in whole or in part an individual’s eligibility for any of the following products, services or transactions: (1) credit or insurance to be used primarily for personal, family or household purposes; (2) employment purposes; (3) a license or other benefit granted by a government agency; or (4) any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including without limitation apartment rental, check-cashing, or the opening of a deposit or transaction account; (b) by way of clarification, without limiting the foregoing, Customer may use, except as otherwise prohibited or limited by this Agreement, Fraud Prevention Data for the following purposes: (1) to verify or authenticate an individual’s identity; (2) to prevent or detect fraud or other unlawful activity; (3) to locate an individual; (4) to review the status of a legal proceeding; (5) to collect a debt, provided that such debt collection does not constitute in whole or in part, a determination of an individual consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes; or (6) to determine whether to buy or sell consumer debt or a portfolio of consumer debt in a commercial secondary market transaction, provided that such determination does not constitute in whole or in part, a determination of an individual consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes; (c) specifically, if Customer is using Qualia Shield in connection with collection of a consumer debt on its own behalf, or on behalf of a third party, Customer shall not use the Fraud Prevention Data: (1) to revoke consumer credit; (2) to accelerate, set or change repayment terms; or (3) for the purpose of determining a consumer’s eligibility for any repayment plan; provided, however, that Customer may, consistent with the certification and limitations set forth in this Section 1.10, use Fraud Prevention Data for identifying, locating, or contacting a consumer in connection with the collection of a consumer’s debt or for prioritizing collection activities; and (d) Customer shall not use any of the information it receives through Qualia Shield to take any “adverse action,” as that term is defined in the FCRA.

1.11. MVR Data. If Customer is permitted to access Motor Vehicle Records (“MVR Data”) from Qualia, without in any way limiting Customer’s obligations to comply with all state and federal laws governing use of MVR Data, the following specific restrictions apply and are subject to change: (a) Customer shall not use any MVR Data provided by Qualia, or portions of information contained therein, to create or update a file that Customer uses to develop its own source of driving history information; (b) As requested by Qualia, Customer shall complete any state forms that Qualia (or its suppliers) is legally or contractually bound to obtain from Customer before providing Customer with MVR Data; (c) Qualia (and certain third-party vendors) may conduct reasonable and periodic audits of Customer’s use of MVR Data. Further, in response to any audit, Customer must be able to substantiate the reason for each MVR Data order.

1.12. American Board of Medical Specialties (“ABMS”) Data. If Customer is permitted to access ABMS Data from Qualia, Customer shall not use, nor permit others to use, ABMS Data for purposes of determining, monitoring, tracking, profiling or evaluating in any manner the patterns or frequency of physicians’ prescriptions or medications, pharmaceuticals, controlled substances, or medical devices for use by their patients.

1.13. HIPAA. Customer represents and warrants that Customer will not provide Qualia with any Protected Health Information (as that term is defined in 45 C.F.R. Sec. 160.103) or with Electronic Health Records or Patient Health Records (as those terms are defined in 42 U.S.C. Sec. 17921(5), and 42 U.S.C. Sec. 17921(11), respectively) or with information from such records without the execution of a separate agreement between the parties.

1.14. Retention of Records. For uses of GLBA Data, DPPA Data and MVR Data, as described in Sections 1(ii), 1(iii) and 1(ix), Customer shall maintain for a period of five (5) years a complete and accurate record (including consumer identity, purpose and, if applicable, consumer authorization) pertaining to every access to such data.

1.15. Economic Sanctions Laws. Customer represents and warrants that it is not prohibited from doing business in the United States or with a U.S. entity, including under economic sanctions laws, such as those enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). Customer shall: (a) comply with all economic sanctions laws of the United States; (b) not provide access to Qualia Shield to any individuals identified on OFAC’s list of Specially Designated Nationals.

2. SECURITY. Customer acknowledges that the information available through Qualia Shield, including Fraud Prevention Data, may include personal information, including, without limitation, non-public personal information (“NPI”) and it is Customer’s obligation to employ reasonable measures to keep Fraud Prevention Data confidential and secure.

2.1. Customer shall (a) restrict access to Fraud Prevention Data to those employees who have a need to know as part of their official duties; (b) employ safeguards designed to prevent employees or others from (1) obtaining or using Fraud Prevention Data for personal reasons, or (2) transferring any Fraud Prevention Data to any party except as permitted hereunder; (c) protect the security of user identification numbers, and related passwords, or other data relevant to authentication and access (collectively, “User IDs”) keeping User IDs confidential and prohibiting the sharing of User IDs; (d) promptly deactivate the User ID of any employee who no longer has a need to know, or for terminated employees on or prior to the date of termination; (e) in addition to any obligations under Section 2 (Security), take other commercially reasonable measures to prevent unauthorized access to, or use of, Qualia Shield and Fraud Prevention Data, whether the same is in electronic form or hard copy, by any person or entity; (f) maintain and enforce data destruction procedures to protect the security and confidentiality of Fraud Prevention Data as it is being disposed; (g) unless retention is permitted by law and Customer has a legitimate purpose for retaining Fraud Prevention Data for a longer period, purge Fraud Prevention Data received through the Qualia Shield and stored electronically or on hard copy by within ninety (90) days of initial receipt; (h) be capable of receiving or using Qualia Shield where the same are provided utilizing “secure socket layer,” or such other means of secure transmission as is deemed reasonable by Qualia; (i) not access and/or use Qualia Shield via mechanical, programmatic, robotic, scripted or other automated search means, other than through batch or machine-to-machine applications approved by Qualia; and (j) take reasonable steps to protect Customer’s networks and computer environments, or those used to access the Qualia Shield, from compromise.

2.2. Customer agrees that on at least a quarterly basis it will review searches performed by its User IDs to ensure that such searches were performed for a legitimate business purpose and in compliance with all terms and conditions herein. Customer will implement policies and procedures to prevent unauthorized use of User IDs and Fraud Prevention Data and will immediately notify Qualia, in writing, if Customer has reason to believe or confirms that a User ID or the Fraud Prevention Data has been lost, stolen, compromised, misused or used, accessed or acquired in an unauthorized manner or by any unauthorized person, or for any purpose other than lawful and legitimate business reasons.

2.3. If Fraud Prevention Data provided to the Customer includes personally identifiable information (including, but not limited to, social security numbers, driver’s license numbers or dates of birth), the following shall apply: Customer acknowledges that, upon detecting unauthorized acquisition or access of or to such personally identifiable information in Customer’s possession, including but not limited to that which is due to use by an unauthorized person or due to unauthorized use (a "Security Event"), Customer shall comply with applicable law, including (as applicable) notifying the individuals whose information was accessed or acquired that a Security Event has occurred, and shall also notify any other parties (including but not limited to regulatory entities and credit reporting agencies) as may be required in Qualia’s reasonable discretion. Customer agrees that such notification shall not reference Qualia or the product through which the data was provided, nor shall Qualia be otherwise identified or referenced in connection with the Security Event, without Qualia’s express written consent. Customer shall be solely responsible for any other legal or regulatory obligations which may arise under applicable law in connection with such a Security Event and shall bear all costs associated with complying with legal and regulatory obligations in connection therewith. Customer shall remain solely liable for claims that may arise from a Security Event, including, but not limited to, costs for litigation (including attorneys’ fees), and reimbursement sought by individuals, including but not limited to, costs for credit monitoring or allegations of loss in connection with the Security Event, and to the extent that any claims are brought against Qualia, shall indemnify Qualia from such claims. Customer shall provide samples of all proposed materials to notify consumers and any third parties, including regulatory entities, to Qualia for review and approval prior to distribution. In the event of a Security Event, Qualia may, in its sole discretion, take immediate action, including suspension or termination of Customer’s access to Fraud Prevention Data, without further obligation or liability of any kind.

3. PERFORMANCE. Qualia will use commercially reasonable efforts to deliver Qualia Shield as requested by Customer and to compile information gathered from selected public records and other sources used in Fraud Prevention Data; provided, however, that Customer accepts all Fraud Prevention Data "AS IS."

4. INTELLECTUAL PROPERTY. Customer agrees that Customer shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purposes Qualia Shield or Fraud Prevention Data. Customer acknowledges that Qualia (and/or its third-party data providers) shall retain all right, title, and interest under applicable contractual, copyright, patent, trademark, Trade Secret and related laws in and to Qualia Shield and the data and information that they provide, including Fraud Prevention Data. Customer shall use such materials in a manner consistent with Qualia's interests and the terms and conditions herein, and shall notify Qualia of any threatened or actual infringement of Qualia's rights. Notwithstanding anything in this Agreement to the contrary, Qualia or Qualia’s data provider shall have a right to use Customer’s search inquiry data used to access or generate Fraud Prevention Data and may use such data for any purpose consistent with applicable federal, state and local laws, rules and regulations, including, without limitation, the GLBA.

5. CONFIDENTIALITY. Qualia and Customer shall comply with the confidentiality obligations expressed in the Agreement, including as to Qualia Shield and any Fraud Prevention Data.

6. WARRANTIES/DISCLAIMER. Customer acknowledges and agrees that Qualia obtains its data from third-party sources, which may or may not be completely thorough or accurate, and that, except as explicitly described in a writing published by Qualia or signed by Qualia regarding the accuracy or reliability of wire fraud risk assessments, neither Qualia, nor its subsidiaries and affiliates, nor any third-party data provider (for purposes of indemnification, warranties, and limitations on liability, Qualia, its subsidiaries and affiliates, and its data providers are hereby collectively referred to as “Suppliers”). Suppliers do not make and hereby disclaim any warranty, express or implied with respect to the Fraud Prevention Data. Suppliers do not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of the Fraud Prevention Data. In no event shall Suppliers be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereof. Due to the nature of public record information, the public records and commercially available data sources used in Qualia Shield may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. Qualia Shield is not the source of data, nor is it a comprehensive compilation of the data. Before relying on any data, it should be independently verified. Customer shall not rely on Qualia for the accuracy or completeness of Fraud Prevention Data. Without limiting the foregoing, the criminal record data that may be provided as part of Fraud Prevention Data may include records that have been expunged, sealed, or otherwise have become inaccessible to the public since the date on which the data was last updated or collected.

7. LIMITATION OF LIABILITY. Except as explicitly described in a writing published by Qualia or signed by Qualia, Suppliers shall not be liable to Customer (or to any person claiming through Customer to whom Customer may have provided Fraud Prevention Data) for any loss or injury arising out of or caused in whole or in part by Supplier’s acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Fraud Prevention Data. If, notwithstanding the foregoing, liability can be imposed on Suppliers, then Customer agrees that Suppliers’ aggregate liability for any and all losses or injuries arising out of any act or omission of Suppliers in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall not exceed One Hundred Dollars ($100.00); and Customer covenants and promises that it will not sue Suppliers for an amount greater than such sum even if Customer and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against Suppliers.

8. INDEMNIFICATION. Customer hereby agrees to protect, indemnify, defend, and hold harmless Suppliers from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) arising from or in any way related to (a) use of Fraud Prevention Data received by Customer (or any third party receiving such information from or through Customer) furnished by or through Qualia; (b) breach of any terms, conditions, representations or certifications in this Agreement; and (c) any Security Event. Qualia hereby agrees to protect, indemnify, defend, and hold harmless Customer from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) arising from or in connection with any third-party claim that the Qualia Shield or data contained therein, when used in accordance with this Agreement, infringe a United States patent or United States registered copyright, subject to the following: (1) Customer must promptly give written notice of any claim to Qualia; (2) Customer must provide any assistance which Qualia may reasonably request for the defense of the claim (with reasonable out of pocket expenses paid by Qualia); and (3) Qualia has the right to control the defense or settlement of the claim; provided, however, that the Customer shall have the right to participate in, but not control, any litigation for which indemnification is sought with counsel of its own choosing, at its own expense. Notwithstanding the foregoing, Qualia will not have any duty to indemnify, defend or hold harmless Customer with respect to any claim of infringement resulting from (w) Customer’s misuse of the Qualia Shield or Fraud Prevention Data; (x) Customer’s failure to use any corrections made available by Qualia; (y) Customer’s use of the Qualia Shield in combination with any product or information not provided or authorized in writing by Qualia; or (z) any information, direction, specification or materials provided by Customer or any third party. If an injunction or order is issued restricting the use or distribution of any part of Qualia Shield, or if Qualia determines that any part of Qualia Shield is likely to become the subject of a claim of infringement or violation of any proprietary right of any third party, Qualia may in its sole discretion and at its option (i) procure for Customer the right to continue using Qualia Shield; (ii) replace or modify the Qualia Shield so that they become non infringing, provided such modification or replacement does not materially alter or affect the use or operation of Qualia Shield; or (ii) terminate this Agreement and refund any fees relating to the future use of Qualia Shield. The foregoing remedies constitute Customer’s sole and exclusive remedies and Qualia’s entire liability with respect to infringement claims or actions

9. AUDIT. Customer understands and agrees that, in order to ensure compliance with the FCRA, GLBA, DPPA, other similar state or federal laws, regulations or rules, regulatory agency requirements, this Fraud Prevention Data Agreement, and Qualia’s obligations under its contracts with its data providers and Qualia’s internal policies, Qualia may conduct reviews, exams or audits of Customer’s records, processes and procedures related to Customer’s use, storage and disposal of Fraud Prevention Data. Customer agrees to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review, exam or audit by Qualia may be subject to immediate action including, but not limited to, suspension or termination of the license to use the Qualia Shield or access Fraud Prevention Data, reactivation fees, legal action, and/or referral to federal or state regulatory agencies.

10. SURVIVAL OF AGREEMENT. Provisions hereof related to release of claims; indemnification; use and protection of Qualia Shield and Fraud Prevention Data; payment for Qualia Shield; Audit; Qualia and its data provider’s right to use Customer’s search inquiry data; disclaimer of warranties; security; customer data; and governing law shall survive any termination of the license to use Qualia Shield.

11. EMPLOYEE TRAINING. Customer shall make commercially reasonable efforts to train or otherwise educate all employees accessing Fraud Prevention Data to use it only for permissible purposes and to safeguard it appropriately (as described in detail in this Fraud Prevention Data Agreement). Customer shall keep records relevant to its training and education of employees accessing or using Fraud Prevention Data.

12. ATTORNEYS’ FEES. The prevailing party in any action, claim or lawsuit brought pursuant to this Fraud Prevention Data Agreement is entitled to payment of all reasonable attorneys’ fees and costs expended by such prevailing party in association with such action, claim or lawsuit.

13. CUSTOMER CHANGES/CREDIT REPORT. Customer acknowledges and understands that Qualia shall only allow Customer access to Qualia Shield or Fraud Prevention Data if Customer’s credentials can be verified in accordance with Qualia’s internal credentialing procedures. Customer shall notify Qualia immediately of any material changes to the information on Customer's Application for the Qualia Shield, and, if at any time Customer no longer meets Qualia’s criteria for providing such service, Qualia may terminate this Fraud Prevention Data Agreement. Customer is required to promptly notify Qualia of a change in ownership of Customer’s company, any change in the name of Customer’s company, and/or any change in the physical address of Customer’s company.

14. RELATIONSHIP OF PARTIES. None of the parties shall, at any time, represent that it is the authorized agent or representative of the other.

15. CHANGE IN AGREEMENT. By accessing or using Qualia Shield or Fraud Prevention Data, Customer acknowledges and agrees Qualia or Suppliers may make changes to the Fraud Prevention Data Terms including as to pricing or other provisions. Qualia shall provide notice of changes via e-mail, notifications within Qualia Shield or Core, online “click wrap” amendments, or other written notification. Customer’s continued use of Qualia Shield or Fraud Prevention Data after receipt of such notice shall constitute acceptance of the changes to this Fraud Prevention Data Agreement. Qualia may, at any time, impose restrictions and/or prohibitions on the Customer’s use of the Fraud Prevention Data. Customer understands that such restrictions or changes in access may be the result of a modification in Qualia policy, a modification of third-party agreements, a modification in industry standards, a Security Event or a change in law or regulation, or the interpretation thereof. Upon written notification by Qualia of such restrictions, Customer agrees to comply with such restrictions.

16. PUBLICITY. Customer will not name Qualia or refer to its use of Fraud Prevention Data in any press releases, advertisements, promotional or marketing materials.

17. FORCE MAJEURE. The parties will not incur any liability to each other or to any other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement (except for payment obligations) to the extent such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control, and without the negligence of, the parties. Such events, occurrences, or causes include, without limitation, acts of God, telecommunications outages, Internet outages, power outages, any irregularity in the announcing or posting of updated data files by the applicable agency, strikes, lockouts, riots, acts of war, floods, earthquakes, fires, and explosions.

18. ENTIRE AGREEMENT. Except as otherwise provided herein, this Fraud Prevention Data Agreement constitutes the final written agreement and understanding of the parties and is intended as a complete and exclusive statement of the terms of the agreement regarding access to and use of Fraud Prevention Data, which shall supersede all other representations, agreements, and understandings, whether oral or written, which relate to the use of the Fraud Prevention Data and any other matters within the scope of this Agreement. Without limiting the foregoing, the provisions related to confidentiality and exchange of information contained in this Agreement shall, with respect to the Fraud Prevention Data and all matters within the scope of this Agreement, supersede any separate non-disclosure agreement that is or may in the future be entered into by the parties hereto. Any new, other, or different terms supplied by the Customer beyond the terms contained herein, including those contained in purchase orders or confirmations issued by the Customer, are specifically and expressly rejected by Qualia unless Qualia agrees to them in a signed writing specifically including those new, other, or different terms. The terms contained herein shall supersede and govern in the event of a conflict between these terms and any new, other, or different terms in any other writing. This Agreement can be executed in counterparts, and counterparts delivered via fax or electronic signatures will be deemed originals.

19. MISCELLANEOUS. If any provision of this Agreement or any exhibit shall be held by a court of competent jurisdiction to be contrary to law, invalid or otherwise unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and in any event the remaining provisions of this Agreement shall remain in full force and effect. The headings in this Agreement are inserted for reference and convenience only and shall not enter into the interpretation hereof.

Appendix I - Unacceptable Business Types

• General
  • Academic Research
  • Alumni/Fraternal organizations
  • Asset Recovery
  • Bail Bonds
  • Genealogical or Heir Research
  • Gun/Weapons Shops
  • Hair Salons
  • International Locations
  • Investigative companies, including private investigators and detective agencies
  • Judgment Recovery
  • Jury/Juror Evaluation
  • Marketing Companies
  • Media Firms
  • Paralegals
  • Pawn Shops (Instant ID only allowed)
  • Pornography/Adult Entertainment
  • Prisons
  • Process Servers
  • Repossession/Towing/Impound Lots
  • Resellers
  • Restaurants (Non-Corporate)
  • Skip Tracing for the general public (lost loves, family members, etc.)
  • Title Abstract Companies
  • Unclaimed Funds Location
• For GLBA Data
  • Adoption search firms
  • Asset Location Services (does not include collection agencies or with respect to GLBA information) • Bail Bond Enforcement or Bounty Hunters
  • Child Location Services
  • Condominium/Homeowners Associations
  • Consumers
  • Country Clubs
  • Credit Counseling – For profit
  • Credit Repair companies or credit clinics
  • Dating Services
  • Debt Settlement Companies
  • Determination of whether or not to file a personal lawsuit or judgment against the subject of the data
  • Diet Centers
  • Education Based Fraternal Organizations
  • Financial counseling, except a registered securities broker dealer or a certified financial planner
  • Future services (i.e. continuity clubs)
  • Foreign company or agency of a foreign government
  • Genealogical or heir research firm – Location of lost loves, friends, family members, except in connection with a legal or beneficial interest held by the Customer relating to the consumer
  • Loan Modification Companies
  • Massage Service
  • Media Agencies, news agencies, journalists or subscription-based services
  • Non-Government agencies or businesses associated with the collection of child support
  • Political consultants
  • Pornography - Companies involved and/or associated with inappropriate adult content web sites and/or adult-type telephone services
  • Personal data on one’s self
  • Repossession Companies
  • Spiritual Counseling (Does not include churches or religious institutions)
  • Tattoo Service
  • Timeshare (unless proof of credit extension is procured)
  • Utility Companies (Cable, Heat, Light, Power, Sanitation, Satellite, Telephone, Television, Water)
  • Utility Companies Servicing Consumers (Broadcast Satellite Provider, Telecommunications Carrier, Utility Companies)
• DPPA Data
  • Motor Vehicle Dealers
  • Motor Vehicle Manufactures
  • Motor Vehicle Warranty/Recall Companies
  • Motor Vehicle Auction Companies
  • Motor Vehicle Dealer Service Providers
  • Motor Vehicle Auto Lending/Financing Companies
• FCRA Data
  • Adoption search firms
  • Asset Location Services (does not include collection agencies or with respect to GLBA information)
  • Attorney/Law Firms
  • Bail Bond Enforcement or Bounty Hunters
  • Businesses operating out of a residence except where provided in policy
  • Check Cashing
  • Child Location Services
  • Condominium/Homeowners Associations
  • Country Clubs
  • Credit Counseling – For profit
  • Credit Repair companies or credit clinics
  • Dating Services
  • Debt Settlement Companies
  • Determination of whether or not to file a personal lawsuit or judgment against the subject of the data
  • Diet Centers
  • Financial counseling, except a registered securities broker dealer or a certified financial planner
  • Future services (i.e. continuity clubs)
  • Foreign company or agency of a foreign government
  • Genealogical or heir research firm – Location of lost loves, friends, family members, except in connection with a legal or beneficial interest held by the Customer relating to the consumer
  • Individuals seeking information for private use
  • Insurance Claims
  • Internet people locator services
  • Investigative companies, including private investigators and detective agencies
  • Law Enforcement
  • Loan Modification Companies
  • Marketing Companies
  • Massage Services
  • Media Agencies, news agencies, journalists or subscription-based services
  • Mortgage Brokers
  • Non-Government agencies or businesses associated with the collection of child support
  • Pawn Shops
  • Paralegals
  • Pornography - Companies involved and/or associated with inappropriate adult content web sites and/or adult-type telephone services
  • 3rd Party Repossession companies
  • Spiritual Counseling Companies
  • Subscriptions
  • Tattoo Service
  • Timeshare (unless proof of credit extension is procured)
  • Weapons dealer, seller or distributor